When a worker is looking to move to the UK, they might think that interviews are behind them once they receive a job offer. However, the Home Office can also interview a candidate at the visa application stage. These interviews are designed to ensure that any job offer is genuine, and that the worker is qualified to carry out the work in question. While this type of interview has been common in other visa categories, it is increasingly being used in relation to Skilled Workers.
Receiving an interview request can be concerning for a candidate, and for the employer, who may also be asked to attend an interview, but with a little preparation the process can be handled smoothly. Our top tips for workers and employers being asked to attend a Home Office interview are:
Ensure the worker understands the full job description and the description on the Certificate of Sponsorship
A Certificate of Sponsorship has limited room for the job description, so it is usually necessary to provide a brief overview of the role. However, a Home Office caseworker will refer to this during the interview, so the candidate must be able to explain how it relates to their role and provide further details of the more comprehensive role they expect to undertake in the UK.
The worker should be able to explain what they expect to be doing on a day-to-day basis and providing vague answers will be a concern for the Home Office. Similarly, simply repeating the job description will not suffice, the Home Office will expect the worker to explain tasks in detail and demonstrate a full understanding of the role.
Ensure the worker knows about other aspects of the company
We have seen situations where the Home Office has asked workers where they will be based, how often they will be in the office, what their working hours will be and what type of equipment they will be using in their role.
Similarly, workers will be expected to provide an overview of their basic contractual terms, such as how much they will be paid and how often.
Be prepared to explain how the worker was recruited
Businesses will be asked in detail about their recruitment process and how the successful candidate was identified. They may also be asked for supporting evidence set out in Appendix D. While there is no requirement to have formally advertised a role, the business will need to be able to explain why they have decided to sponsor the individual. They could be asked about other candidates, common interview questions or why the role is needed within the business.
The individual will need to explain how they found out about the role, why they applied for it and how their experience or qualifications are relevant to the role. They could also be asked about who interviewed them, when the interview took place and what questions they were asked.
Be clear on costs
A common issue for the Home Office is checking who is paying for what. Businesses are prohibited from passing the cost of sponsorship on to the individual, although the individual may be paying for their own visa or healthcare costs (businesses also need to be aware of the new rules around loans and clawbacks). An applicant will need to be able to explain what costs are being covered by the business and which they are covering themselves. The Home Office will also want to know whether the employee has made any payments to the business or an agent to secure the role.
Summary
An ill-prepared candidate in any interview is bad news, but when it comes to a Home Office interview, the consequences can be serious. If the Home Office is not convinced the role is genuine, they will refuse the visa application. They may also take enforcement action against the business if they believe it is sponsoring non-genuine roles.
This is why thorough preparation is essential. Our Immigration team at MFMac can support candidates by providing information sheets and suggested topics to review ahead of the interview. If you'd like assistance, please get in touch with a member of the team.
