From “genuine vacancy” to “eligible role”

On 6 March 2026, the Home Office updated their sponsor guidance glossary, replacing the “genuine vacancy” definition with a new term: “eligible role”. This change clarifies the standards that roles must meet before a sponsor assigns a Certificate of Sponsorship (CoS).

What is an “eligible role”?

An eligible role is a job vacancy that the Home Office is satisfied meets several key requirements at the time a sponsor assigns a CoS.

Firstly, the role must exist at the point the CoS is assigned, or the sponsor must reasonably expect it to exist by that time. The job can be within the sponsor’s own organisation, or within another organisation where the immigration rules allow the sponsor to place a worker with a third party.

Secondly, the role must require the worker to carry out the duties and responsibilities described on the CoS, including the expected weekly working hours. In other words, the position must reflect the genuine day-to-day work the sponsored employee will perform.

Thirdly, the job must meet the requirements of the relevant immigration route. This includes complying with the required skill level and salary thresholds under the Immigration Rules, as well as ongoing compliance with the National Minimum Wage Act and the Working Time Regulations.

Finally, the Home Office must be satisfied that the role is appropriate for the sponsor’s organisation. This means it should align with the organisation’s business model, business plan, and scale, and it must remain appropriate throughout the entire period of sponsorship.

Why the change matters

The previous definition – “genuine vacancy” – focused on whether a role was real, not created solely for immigration purposes, appropriate for business, and genuinely skilled.

The new “eligible role” concept expands this significantly by adding more explicit compliance criteria, which may prove more burdensome for sponsors.

As the Home Office’s criteria for skilled workers become ever more demanding, employers must ensure that any role used to sponsor a worker is clearly defined, compliant, and genuinely required by the organisation for the duration of the worker’s sponsorship.

 

The content of this article is intended to provide a general guide to the subject matter.

If you have any questions about the topics raised in this article, please feel free to contact a member of the Employment & Immigration team.