UK Skilled Worker Visa Refusal/Rejection Reasons & What To Do

Is UK Visa Rejection and Refusal the Same Thing?

No. With a rejection, your application is invalid and, therefore, not considered. To have a rejection means the visa did not meet the validity requirements. In most cases, the employee is then treated as though they haven’t made an immigration application. The consequence of a rejection is more dire if the applicant is currently in the UK whilst the application is being processed. If the applicant’s current visa expires while waiting for a response from the Home Office and the response is a rejected visa, the applicant is now an overstayer as they are no longer protected under  Section 3C of the Immigration Act 1971. Furthermore, you can’t appeal a rejection.

A refusal, on the other hand, is a result of the sponsor (employer) and/or employee not meeting the suitability and eligibility requirements for the skilled worker visa. In cases of refusal, you may have the right to appeal the decision.

Why was my UK Skilled Worker Visa Application Rejected?

A UK Skilled worker visa may be rejected if the application does not meet the validity requirements. They include the following:

• That the application was made on the gov.uk website on the right form for the location of the employee
• The Immigration Health Charge has been paid
• The employee has provided the following to the Home Office:
  • Biometrics
  • Passport or other travel document
• The CoS was issued no more than three months before the date of application
• The employee is 18 or older

There are other validity requirements specific to case such as employees who obtain a Government or international agency scholarship to study in the UK, students and their study state and course, and specific visas for employees applying from within the UK.

An application that does not meet any of the validity requirements will be rejected as invalid and not considered. Please note that the validity requirements differ from the suitability and eligibility requirements, which are typically discussed online.

If the visa is rejected, you can make a fresh application. However, it is important that you consult a lawyer to ensure you don’t waste time a second time.

What Are The Reasons for a Skilled Worker Visa Refusal?

As mentioned above, a skilled worker visa refusal is typically as a result of not meeting the suitability and eligibility requirements.

Once you understand why your visa application has been refused, it may influence whether you can reapply. Some of the most common mistakes can be easily rectified by resubmitting your application with additional details or corrections.

UK Visas and Immigration (UKVI), in most cases, will send a letter or email explaining why your Skilled Worker Visa application was not approved. Reasons for a negative result may include:

Failing to provide enough detail

If you have missed out on required questions on the application form, provided out-of-date personal details, or have not included the necessary documentation, then it is very likely the visa request will be refused. Even if it was a genuine mistake rather than an attempt to mislead UKVI.

Not meeting the salary requirements

In many cases, a Skilled Worker Visa application is refused because the sponsored job role does not meet the minimum salary requirements for the role. It is important to ensure you are aware of the salary thresholds for each occupation, as well as checking if the annual wage meets the corresponding going rate.

Failure to Have Appropriate Skills and Qualifications

To qualify for a Skilled Worker Visa, you must demonstrate your skills, experience, and qualifications, which must also be relevant to the role you are being offered in the UK.

You should include paperwork documenting how you meet the criteria for the job with your application, even if your sponsor has already offered you the role.

Lack of Financial Support

A key part of the Skilled Work Visa requirements is being able to show you have access to funds to support yourself when arriving in the UK. The current criteria is for applicants to have at least £1,270 in their bank account for 28 days or more before they apply. It is important that you provide proof of meeting this requirement when applying by submitting a correctly dated bank statement.

Concerns about your application

UKVI could opt to refuse your Skilled Worker Visa if they believe you are not a genuine applicant or will be taking up a genuine role when arriving in the UK. Therefore, it is important to be honest on your application and ensure you do not provide any false or misleading information.

Incorrect Documentation

When submitting paperwork to UKVI, you should ensure that if a document is not in English or Welsh, you provide certified translated copies. It is also important to provide originals of evidence if requested.

Other Grounds for Refusal

As well as the reasons above, there are also other circumstances that could lead to a visa application refusal. These include:

• Previous non-compliance with immigration laws, such as being deported
• A criminal history includes serving a custodial prison sentence of more than 12 months, being convicted of a crime that caused serious harm or being a persistent offender
• Failing to demonstrate you have a “good character”

Tips To Avoid Visa Rejection/Refusal

Once you are clear why your initial application was refused/rejected then you should consider working with an immigration lawyer to decide the next steps.

Our team at IAS have many years of experience in UK immigration laws and in handling cases relating to Skilled Worker Visa refusals and rejections

We will review your case and advise you on the appropriate steps, timelines and costs involved. If your case requires an appeal, we can help with every step of the process, including preparing an appeal bundle and representing you at the hearing.

Skilled Worker Visa Was Rejected: What Now?

As mentioned above, you likely need to reapply. However, before doing so, contact a lawyer as some cases can’t be fixed, for example, if the sponsor and employee cannot meet the validity requirements; in such cases, a lawyer can advise you on an alternative route.

Skilled Worker Visa Refusal: What Now?

If your Skilled Worker Visa is refused, then you will receive a refusal letter giving important details. If it is vital to act quickly once you have been sent this correspondence as if you are outside the UK you have only 28 days to lodge an appeal or 14 days if you are already in the country.

Following a refusal, you can request an administrative review, appeal, or reapply. The refusal letter will tell you which of these options are available to you.

Request an Administrative Review

It is possible to apply for an Administrative Review if you think a mistake has been made in handling your Skilled Worker Visa application.

There are certain conditions that must be met if you are able to request a review:

• You live outside the UK and applied from overseas
• You live in the UK and applied from within the UK

The cost of a review is £80, and this is non-refundable even if the appeal is upheld. It is important not to submit another application while waiting for the review, and if you are in the UK, you must not leave the country; otherwise, the review will be automatically withdrawn.

The appeal process can be lengthy, and a decision can take up to six months. When the Home Office has considered your request, they will inform you by letter whether a Skilled Worker Visa will be issued.

Skilled Worker Visa Appeal After Refusal

If you are able to appeal the decision then your visa refusal letter will confirm this as an option. Submitting an appeal can be a complicated and overwhelming situation, and it is advisable to hire a lawyer who has experience in similar situations.

In most cases, you can submit an appeal request online, although some visas may require you to send in a paper form.

You will need to send supporting documents and the necessary evidence to the First-Tier Tribunal (Immigration and Asylum Chamber) and, in some cases, to the Home Office.

As part of the appeal process, you may have to attend a court hearing. If you’re outside the UK, you can request to appear via video link or have your lawyer represent you.

The cost varies depending on whether your case requires a hearing, but you can expect to pay between £80 and £140.

If the hearing is in your favour, the Home Office will approve your Skilled Worker Visa. If your appeal is not upheld, then you may be able to appeal to the Upper Tribunal, or you may opt to reapply for a Skilled Worker Visa or another UK visa.

How Can IAS Help?

Having a Skilled Worker Visa refused or rejected can be very worrying, especially if you have just hired a great talent and are looking forward to working with them.

However, it is important to take the time to assess your position and seek the advice of a qualified lawyer to ensure that your next step is the right one.

Considering appealing a Home Office decision can be daunting, but at IAS we can provide support throughout the process and reassurance that you are following the correct legal procedures.

If you require assistance with your Skilled Worker Visa refusal or if you are considering reapplying for a UK work permit due to a skilled worker visa rejection, then IAS is here to help.

We have successfully assisted numerous individuals and companies in overcoming immigration challenges, and we can provide the same level of support to you.

For expert advice personalised to your situation, please contact us today at +44 (0)333 414 9244 or contact us online.