'Genuine effort'

[Guest Lowmills]

Hello All,

I know this has been discussed a number of times before but I'm really looking for some clarification on what has proven to be a notoriously ambiguous issue. My partner, myself and a number of people I work with are all under 119 RSMS Employer Sponsored Visas. The obligations under this visa is that we work for our sponsoring employer for a minimum of 2 years, otherwise the visa may be cancelled. However the guidance also says that if the employee has made a 'genuine effort' to complete the 2 years, then the visa will not be cancelled.

 

I've read and been told a number of different and often conflicting things about what is considered a 'genuine effort' for example that 12 months is considered a genuine effort but then also that there has to be quite significant extenuating circumstances for the person not to have completed a minimum of 2 years such as serious illness or poor working conditions

 

So my question is, if a person on this visa has worked for their employer for 21 out of the 24 months and would like to relocate, simply because that person isn't exactly happy in the job and wants to try somewhere else, and if the employer has agreed to release the person, id the visa likely to be cancelled?

 

If somebody could clarify what is meant by a 'genuine effort' I would be grateful!