UK Skilled Worker Visa Refusal
If your UK Skilled Worker visa is rejected, you may have the option to challenge the Home Office's decision by administrative review or judicial review.
If you're considering appealing or reapplying for a UK Skilled Worker visa after refusal, it is advisable to consult an immigration solicitor to discuss your options.
If you have received a Skilled Worker visa refusal, speak to our solicitor at 0203 959 7755 to discuss the reasons for refusal and the appeal process.
Table of Contents
- What is a Skilled Worker visa?
- UK Skilled Worker visa rejection reasons
- Can the Certificate of Sponsorship (COS) be rejected, leading to a visa refusal?
- UK Skilled Worker visa appeal process
- UK Skilled Worker visa appeal timeline
- UK Skilled Worker visa appeal processing time 2025
- Chances of getting a UK Skilled Worker visa after refusal
- How can we help if a Skilled Worker visa application has been refused?
- Contact Skilled Worker visa solicitors in London
- FAQs: UK Skilled Worker visa refusal
What is a Skilled Worker visa?
A Skilled Worker visa allows overseas skilled workers to come to or stay in the UK to do an eligible job with a UK employer who holds a valid sponsor licence.
Skilled Worker visa has replaced the Tier 2 (General) work visa following the UK's new points-based immigration system that came into effect in December 2020.
Holders of the Skilled Worker visa may also have a path to settlement (indefinite leave to remain) in the UK after 5 years of continuous and lawful residence, provided they meet all the necessary criteria, including minimum salary requirements and absence limits from the UK.
8 Most common UK Skilled Worker visa rejection reasons
If you have recently received a Skilled Worker visa refusal, you may be wondering about the reasons behind it and how to proceed with your appeal.
The most common reasons for UK Skilled Worker visa refusal are as follows:
1. Invalid or Incorrect CoS
The CoS (Certificate of Sponsorship) must be valid and correctly issued by the sponsoring employer. Any sort of problem with the CoS, such as an invalid or unused CoS, can result in a Skilled Worker visa refusal.
It can also affect your Skilled Worker visa application if your sponsoring employer has a history of non-compliance with immigration regulations.
2. You don't meet the skill requirement for your job
The job must be at or above the required skill level of RQF Level 3 (equivalent to A-levels). If Home Office UKVI has reason to believe that you do not have the necessary skills to perform your job, they will refuse your application.
3. Failure to meet the minimum salary requirement
One of the primary reasons for a UK Skilled Worker visa refusal is failing to meet the minimum salary requirement.
The minimum salary for most Skilled Worker visa applicants is currently £38,700 gross per year. However, this is the basic threshold and might be higher depending on the job.
4. Failure to meet the English language requirement
When applying for a UK Skilled Worker visa, you must prove that you can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale. Failing to do so can result in your application being refused.
You can prove your proficiency in English by passing a recognised English language test such as the IELTS test. You can also prove your knowledge of English if you have a degree or academic qualification that was taught or researched in English.
5. Incomplete application form or missing supporting documents
If you have made a mistake on your Skilled Worker visa application form or used the wrong application form, it can result in a visa refusal.
When applying for a UK Skilled Worker visa, it is important to have all the necessary documents in order. Missing or incomplete paperwork can result in delays or even a rejected application.
6. UKVI believe you are not a genuine applicant
If the Home Office (UKVI) doubt the genuineness of the applicant's intention to work in the UK or suspects that the job vacancy is non-genuine, it can lead to a refusal.
7. Inability to meet the suitability requirements
The Home Office assesses the suitability of each applicant. They will take into consideration criminal records, a history of non-compliance with immigration rules, and other factors. Failing to meet the suitability requirements can lead to a refusal.
8. Previous immigration history
If you have a previous immigration history that raises concerns, such as overstaying a previous visa or providing false information, it can result in a visa refusal.
You must provide complete and true information about any previous immigration issues.
By understanding these common reasons, you can effectively address any concerns or weaknesses in your Skilled Worker visa appeal, strengthening your chances of success.
Can the Certificate of Sponsorship (COS) be rejected, leading to a visa refusal?
Yes, the rejection of the Certificate of Sponsorship (COS) is a common reason for UK Skilled Worker visa refusals. Errors in the sponsorship application and non-compliance with sponsorship criteria can lead to COS rejections.
UK Skilled Worker visa appeal process
If your UK Skilled Worker visa application was refused, you may be able to challenge the decision by applying for an administrative review. You can only appeal if the right to appeal is granted in the refusal letter.
If want an administrative review and you are outside the UK, you must complete an appeal form and lodge an appeal within 28 days of receiving your decision.
You can ask for a Judicial Review (JR) if your appeal is refused, and you think the decision made was illegal or illogical.
Judicial Review (JR)
Judicial Review is a legal process in which you can apply to the UTIAC for a judicial review to challenge a visa or immigration decision by the Home Office.
You can submit an application to the Upper Tribunal Immigration and Asylum Chamber (UTIAC) seeking a judicial review to challenge the lawfulness of a decision made by the Home Office.
Pre-Action Protocol (PAP) letter for Judicial Review
Before submitting a formal judicial review claim in the Court, the claimant must send a formal pre-action letter to the respondent (Home Office). This letter outlines the grounds for the challenge, the facts of the case, and the remedy sought.
Pre-Action Protocol (PAP) ensures both sides get a chance to discuss the immigration decision and maybe resolve issues without the need for a full judicial review hearing, thereby saving time and costs associated with court proceedings.
UK Skilled Worker visa appeal timeline
Upon receiving the UK Skilled Worker visa refusal letter, you will have 28 calendar days to appeal if you applied outside the UK or 14 days if applied inside the UK.
When it comes to appealing a refusal of a UK Skilled Worker visa, time is of the essence.
UK Skilled Worker visa appeal processing time 2025
The UK Skilled Worker visa appeal process usually takes between 6 to 12 months from the submission date. It may take longer depending on the complexity of the case.
Chances of getting a UK Skilled Worker visa after refusal
Your chances of getting a UK Skilled Worker visa after a refusal is around 50%, depending on how strong the appeal is and provided further evidence.
The appeal process provides an opportunity to present a strong case that addresses the refusal reasons and increases your chances of getting the UK visa.
If you are facing a Skilled Worker visa refusal and want to increase your chances of reversing the decision, contact Moeen & Co. Solicitors at 0203 959 7755.
How can we help if a Skilled Worker visa application has been refused?
If your UK Skilled Worker visa is rejected, our immigration solicitors will:
- assess your situation, discuss your refusal letter, help you understand the refusal reasons, and provide guidance on the best course of action.
- prepare grounds of appeal and detailed witness statements (if applicable).
- advise about the required supporting documents to address the concerns raised in the refusal letter.
- assist you in presenting a stronger case in your reapplication and help ensure your application addresses the concerns raised in the refusal.
- advise you about the appeal process, timeline, processing time and the legal costs involved.
- carry out all the legal work until the decision of your appeal is received from the court.
- Dealing with a UK Skilled Worker visa refusal is a complex process and professional legal advice is essential in increasing your chances of a successful appeal.
To appeal a decision about your Skilled Worker visa application, contact our immigration solicitors in Hayes, London at 0203 959 7755 contact to book a consultation.
Contact Skilled Worker visa solicitors in London
Call Moeen & Co. Solicitors today at 0203 959 7755 to schedule a consultation and take the first step towards overturning your Skilled Worker visa refusal.
Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.
There are several ways to contact our solicitors based in Hayes, London:
- Phone - Call us on 0203 959 7755
- Email us - info@moeenco.com
- Online - Fill in our online enquiry form
- Visit our office - Room 1, The Winning Box, 27-37 Station Road, Hayes UB3 4DX
We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre.
FAQs: UK Skilled Worker visa refusal
To appeal a UK visa refusal, you must submit an appeal application to the First-tier Tribunal (Immigration and Asylum Chamber).
You can only appeal to the tribunal if you have the legal right to appeal. You'll usually be told if you do in your decision letter.
You will need to provide strong evidence and convincing arguments to support your case. It is advisable to seek professional legal advice to ensure your appeal is prepared effectively.
If your visa application was refused, you may be eligible for an administrative review. An administrative review involves a reassessment of your application by a different reviewing officer. It is important to meet the specific criteria for an administrative review and follow the necessary steps to request it.
You'll be told in your decision letter if you can ask for the decision on your visa application to be reviewed.
If all other avenues have been exhausted, you may consider pursuing a judicial review. A judicial review involves seeking a review of the decision by a higher court. It is a complex legal process that should be undertaken with the guidance of experienced immigration solicitors like Moeen & Co. Solicitors.
Yes, you can reapply for a UK visa after being refused. However, it is essential to carefully evaluate the reasons for your initial refusal and address any concerns raised. Crafting a strong reapplication strategy is crucial to increase your chances of success. Seek professional assistance from immigration solicitors for expert guidance tailored to your specific circumstances.
Navigating the complexities of a UK visa refusal requires expert guidance. Immigration solicitors like Moeen & Co. Solicitors have extensive experience in handling visa refusal cases. We can provide you with personalised advice, assist you in building a strong appeal case, and significantly enhance your chances of a successful outcome. Contact us at 0203 959 7755 for professional assistance.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.