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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:

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.

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.

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.

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.

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.

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.

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.

Halil İbrahim Koca

Immigration Adviser

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