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Genuine Tier 5 ( Temporary Worker) Migrant Test

On1 October 2013 the Immigration Rules changed to tackle abuse on this route while leaving genuine applicants unaffected.

When applying for entry clearance, leave to enter or leave to remain, we must be satisfied that you genuinely intend to undertake,
and are capable of undertaking, the role for which the Certificate of Sponsorship was assigned and you will not undertake employment in the UK other than that permitted by the entry clearance, leave to enter or leave to remain, should it be granted.

Where you are applying as a private servant in a diplomatic household, we must, in particular, be satisfied that you will be paid at least the National Minimum Wage.

In order to assess this, we may:

  • request additional information and evidence, and refuse the application if the information or evidence is not provided.Any requested documents must be received by us at the address specified in the request within 28 working days of the date the request is sent, and

  • request you attend an interview, and refuse the application if you fail to comply with any such request without providing a reasonable explanation.In making the above assessment, we will base our decision on the balance of probabilities and may take into account your:

  • knowledge of the role;

  • relevant experience relative to skills required to do the role;

  • knowledge of the Sponsor in the UK;

  • explanation of how you were recruited; and

  • any other relevant information.

Any information obtained during the course of an interview may be relied on for the further purpose of assessing a sponsor’s compliance with their sponsor duties.

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