Skilled Worker visas can be rejected for a variety of reasons. This blog post will go through some of the most common reasons for refusals, steps you can take to avoid this, and the options available in the case of rejection.
A Skilled Worker visa allows you to come to or stay in the UK to work for a UK employer with a valid sponsorship licence. Even if you have received a job offer and Certificate of Sponsorship from a valid UK sponsor, your application may still be rejected. This can happen for a number of reasons, some of which we outline below.
Some common reasons for rejection include:
- Not meeting the salary requirements: Check that you have used the correct ‘going rate’ for your role and have used the minimum threshold correctly.
- Incorrect or insufficient information: When completing your application, double check that you have filled everything out correctly, answered all the questions and have provided the evidence required in the correct format.
- Non-compliance offences: If youhave a prior record of non-compliance with UK immigration laws, UKVI may not believe that you are a genuine candidate.
- Not meeting your job skill requirement: Even if you have been offered a job by a UK sponsor, if UKVI has reasons to believe that you do not meet the skill requirements for your job, your application can be refused.
- Insufficient funds: You need to have held at least £1,270 in your bank account for 28 days or more before you apply.
How to try to avoid being rejected:
- Check eligibility: Double check that you have complied with all the eligibility rules before you pay for and submit your application.
- Check validity: You may be eligible, but you still need to make sure that your application is valid and correct. Ensure that you have completed and submitted all the right documentation, paid the application fee, had your biometric information scanned and taken other steps that are essential to completing your application properly.
- Seek advice: If you are unsure of any step in the process, seek legal advice from an immigration solicitor. They can help you navigate the process and deal with any issues that arise.
If your application is rejected, there are several next options to choose from:
- Administrative review: If you believe a mistake has been made by the caseworker, you can apply for an administrative review that checks your case.
- Judicial review: This takes the decision to court, where the decision will be reviewed.
- Submit a new application.
Applying for your Skilled Worker visa can be a lengthy and stressful process, and if you are in doubt about how best to approach it, we would recommend that you seek legal advice from an immigration solicitor.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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