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Skilled Worker Visa Refusal/Rejection

lexenlaw.co.uk > Skilled Worker Visa Refusal/Rejection

Understanding UK Skilled Worker Visa Refusal vs Rejection

A Skilled Worker Visa rejection means the Home Office did not even consider the application because it failed the validity checks such as submitting the wrong form, missing biometrics, or failing to pay the Immigration Health Surcharge (IHS). If the applicant’s visa expires while waiting and the application is rejected, they may become an overstayer, losing legal status. A refusal means the application was valid but did not meet the eligibility or suitability requirements, like salary, job role, or documentation.

Key Points:

Rejection = invalid application; no appeal rights; fresh application required.

Refusal = valid but unsuccessful; review or appeal may be possible.

Fast action is essential to protect immigration status.

A refusal is appealable, but a rejection isn’t and refusals often come with an Administrative Review option costing only £80.

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    Common Reasons for UK Skilled Worker Visa Rejection

    Rejections are usually due to technical errors or missing basic requirements. This includes using the wrong form, not paying the IHS, or failing to submit biometrics on time. A Certificate of Sponsorship issued more than three months before the application date also makes it invalid.

    Key Points:

    IHS payment missing or failed.

    Missing biometrics or passport details.

    CoS older than three months.

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    Common Reasons for UK Skilled Worker Visa Refusal

    Refusals happen when the substantive requirements aren’t met, even if the application itself was valid. This includes not meeting the salary threshold, failing to show the required skills, or missing evidence of maintenance funds. Concerns about the genuineness of the role or inconsistent documentation can also trigger refusals.

    Key Points:

    Salary below required threshold for the SOC code.

    Missing or inconsistent documents.

    Lack of evidence for skills, qualifications, or experience.

    Maintenance funds below required levels (£1,270 for 28 days).

    Concerns about role genuineness or applicant intentions.

    Criminal or immigration history affecting suitability.

    Next Steps After a Rejection

    If your Skilled Worker Visa application is rejected, the only option is to submit a fresh, valid application. Because rejections often involve invalidity rather than eligibility. Acting quickly is critical, especially if your current leave is close to expiry.

    Key Points:

    Fresh application needed with all errors fixed.

    Timing matters if leave is near expiry.

    Next Steps After a Refusal

    When refused, the Home Office sends a letter explaining the reasons and whether options like Administrative Review are available. In many cases, refusal errors can be challenged if you act promptly and submit the right evidence.

    Key Points:

    Request Administrative Review if there’s a caseworker error.

    Consider a fresh application with stronger evidence if refusal grounds are addressed.

    Legal advice helps avoid repeated refusals.

    Contact our team today to discuss your situation in confidence.

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