In the context of sponsor licence applications in the UK, a "genuine company" refers to an organization that meets specific criteria set by the UK Visas and Immigration (UKVI) to ensure it is a legitimate and operating business. The genuineness of a company is crucial as it influences the decision to grant a sponsor licence, which allows the company to hire non-UK resident workers.
Here are the main factors that UKVI considers to determine if a company is genuine:
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Legitimacy of Business Operations
- The company must be actively trading and have legitimate operations within the UK.
- Evidence of trading includes business accounts, registration with Companies House, tax documents, and other financial records.
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Compliance with UK Laws and Regulations
- The company should comply with all relevant laws and regulations, including those related to employment, taxation, and business conduct.
- This includes having the necessary licences or permissions for their type of business if applicable.
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Capability to Carry Out Sponsorship Duties
- The company must demonstrate the capability to fulfil sponsorship duties, such as monitoring sponsored employees, maintaining proper records, and reporting to UKVI as required.
- Evidence may include HR systems and processes that support these duties.
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Need for the Sponsored Worker
- The company must show a genuine need for the position they are sponsoring. This includes providing detailed job descriptions and demonstrating that the role is necessary for their operations.
- Additionally, the company may need to show efforts to recruit from the local labour market if applicable.
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Financial Health
- The financial health of the company is assessed to ensure it can support its operations and the sponsored workers.
- Financial records, bank statements, and other documents may be requested to demonstrate financial stability.
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Previous Compliance History
- If the company has held a sponsor licence before, its previous compliance history will be reviewed.
- Any previous breaches of sponsor licence duties could negatively impact the application.
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Authenticity of Submitted Documents
- All documents submitted as part of the application must be genuine and verifiable.
- False or misleading information can lead to refusal and further consequences.
By meeting these criteria, a company can demonstrate its genuineness and increase its chances of obtaining a sponsor licence to employ skilled workers from outside the UK.