If the Home Office rejects your UK skilled worker visa, you may be able to dispute the decision through administrative or judicial review. If you are considering appealing or reapplying for a UK Skilled Worker visa after being denied, you should see an immigration solicitor to discuss your options.

Things that can cause your ILR application to be refused as a UK skilled worker visa holder.

To be successful with your ILR application, you must meet the following requirements:

Pass the English language test.
Complete the Life in the UK exam.
Prove your “good character” (i.e., that you have not broken UK laws or violated immigration restrictions).
Prove that your absences did not exceed 180 days in any 12 months.

Failure to achieve the conditions mentioned above will likely result in a refusal. However, this does not exclude you from ever obtaining ILR; you may only need to wait until you are eligible.

For example, if you were refused because of absences from the UK, you merely need to wait until you have spent enough time in the UK.

Similarly, if you were refused because you did not pass the English language or Life in the UK tests, you can retake them until you pass.

Even when applicants match the qualifications, they frequently fail to demonstrate their eligibility. The ILR, SET (O) form is incredibly difficult to understand on its own, but filling out any component with erroneous or fraudulent information may result in a refusal. This includes:

Submitting incomplete evidence
Submitting fake documents.
Failure to attend interviews/questions regarding your application.
Lack of a sponsor to vouch for you.
Inadequate records regarding valid residency and/or immigration history
If you have a criminal conviction, it is crucial to know that it is not considered spent under UK immigration rules. You must disclose your conviction, and in some situations, the Home Office may decline your ILR application on ‘good character’ grounds.

UK Skilled Worker visa rejection reasons

Skilled Worker visa applications may be denied by UK Visas and Immigration (UKVI) for a variety of reasons, but in our experience, the most prevalent work visa rejection reasons (Skilled Worker visa refusal reasons) are:

1. You do not meet the salary criteria.

It is usual for Skilled Worker visa applicants to be denied because they do not match the pay requirements for their position. This could be because they misinterpreted the regulations and applied the lower salary threshold wrongly. It could also be because they did not enter the correct ‘going rate’ when determining their eligibility.

2. You provided inaccurate or inadequate information.

There is a possibility that UKVI will reject your application if you give erroneous or incomplete information. It’s possible that you supplied erroneous information on your application form, skipped out on questions, or failed to give evidence when requested. If the Home Office believes you provided misleading information on purpose (referred to as a “false representation” under Part 9 of the Immigration Rules), your application will be denied.

3. UKVI believes you aren’t a genuine applicant.

If the UKVI suspects you are not a genuine Skilled Worker visa candidate, they will reject your application. This could occur, for example, if you have a track record of non-compliance with the UK’s immigration rules.

4. You do not meet the skill requirements for your job.

Even if you have been given a job by a valid UK sponsor, if UKVI believes you lack the requisite abilities to complete the job, they will reject your application. This is because applicants for a Skilled Worker visa must have relevant abilities comparable to at least RQF level 3 to do the job offered to them.

5. UKVI is concerned about your suitability.

UKVI may refuse your Skilled Worker visa if you have been previously excluded or deported, as per Immigration Rules Part 9 (grounds for denial).

Your presence in the UK is not conducive to the public good due to your behavior, character, associations, or other factors.

You have a custodial prison term of 12 months or more, or you are a habitual offender, or you committed an offense that caused substantial harm.

You have been excluded from asylum or humanitarian protection.

6. You do not have sufficient funds to support yourself in the UK.

To apply for a Skilled Worker visa, you must have at least £1,270 in your bank account for at least 28 days before the application date. In some situations, you may be denied merely because you did not offer the proper type of proof that you meet the requirements.

7. Documents delivered in the incorrect format

Even if you meet all of the conditions given above, you may still be denied if you do not provide the required documents in the proper format. For example, if you are requested to present an original document along with a certified translation, ensure that you do so correctly. Similarly, if you are asked to supply a letter from an employer on letterhead paper detailing your employment, be sure that all of the requested information is included.

Can CoS be rejected?

Yes, a Certificate of Sponsorship (CoS) can be rejected, resulting in a visa application being denied. A CoS is an online document that allows a migrant to apply for permission to enter or stay in the UK. A CoS may be rejected for a variety of reasons, including:

Errors

The employer could have utilized the incorrect type of CoS or made errors in the sponsorship application.

Non-compliance

The applicant may have a history of noncompliance with UK immigration rules.

Conduct

The applicant’s actions, character, or associations may render them unfit for the UK.

Criminal record

The applicant may have a criminal record, including a custodial prison sentence of twelve months or more.

Funds

The applicant may not have sufficient finances to support themselves in the UK.

If a CoS is rejected, the employer must reapply for one. The Home Office may also take enforcement action against the employer, such as suspending or withdrawing their sponsorship license.

A CoS is only valid for one usage and will expire if not used within three months of receipt.

How may I appeal an ILR refusal?

Fortunately, if your ILR application is rejected, you can usually appeal. However, after you have received formal notification of your denied application, you have a very short time window to act. If you are in the United Kingdom and wish to appeal, you have only 14 days from the date of refusal. If you are outside the nation, you have 28 days.

The appeals process is time-consuming and costly, and you may have to contest the Home Office’s decision before a tribunal hearing. You can choose whether to engage an immigration lawyer or to dispute it on your own. The judge(s) hearing your case is independent of the government and will make an unbiased decision based on the facts and evidence presented, but the process can be confusing.

If the appeal method does not work for you, you might request an administrative review instead, which costs £80. Similarly, you need to apply within 14 days. However, you can only do this if you do not have the right to appeal in the first place. During this time, you are not permitted to apply for any other visa or status.

Finally, you have the option of challenging the decision through judicial review. This is highly rare and only available under specific conditions. Technically, you will be challenging UKVI itself, so only do this if you have a solid case and a solicitor to help you through it.

What to do to avoid a Skilled Worker Visa Refusal

There is no mystery about how Home Office case officers analyze work visa applications because the method and criteria they use are documented online. The Home Office will verify your application on three basic dimensions: validity, suitability, and eligibility. You can avoid having your Skilled Worker visa application denied if you carefully follow the steps outlined below.

1. Check the legitimacy of your application.

Even if you are 100% qualified, if your application is not ‘legitimate’, you will be denied.

The validity requirements for the Skilled Worker visa require you to:

Have used the right application form, which varies depending on whether you are applying inside or outside the UK.
Have paid the requisite application fees.
Have your biometric details been scanned?
Have submitted your passport or ID.
Have submitted a Certificate of Sponsorship (CoS) issued by your sponsor no more than three months before the date of application.

2. Check your suitability.

UKVI will also assess your suitability to get a Skilled Worker Visa. Again, even if you are eligible for the visa and have a proper application, if you are deemed unsuitable, you will be denied. If you suspect you may be found unfit (see the grounds for refusal in reason 5 above), consult an immigration solicitor before applying. They will determine if you are likely to be refused. If that’s the case, they’ll provide a method to avoid refusal where possible.

3. Check your eligibility

Check that you meet all of the qualifying requirements before submitting and paying for your Skilled Worker visa application. To ensure that you do not break any of the rules, have an immigration solicitor check your eligibility before you apply. We have encountered numerous people who assume they are eligible but are not. In this scenario, an immigration counselor can advise you on the best course of action as well as any additional immigration options.

4. Have the application created and submitted on your behalf.

Immigration solicitors understand how to draft and submit UKVI-compliant Skilled Worker visa applications. Because they understand exactly what UKVI is looking for when reviewing your application, they will ensure that any concerns are addressed proactively and that you receive a decision as soon as possible.

Skilled Worker Visa Appeal After Refusal

If you have gotten a refusal of your Skilled Worker visa, you may be able to have the decision changed if you understand why and what to do. Your refusal decision letter will outline the choices accessible to you. You cannot appeal, but you can:

Apply for an administrative review (in which you ask UKVI to check the decision if you believe a mistake was made).
Apply for a judicial review (less often than administrative reviews; this requires an application to the courts to assess the legitimacy of the decision made).

FAQS

What can affect ILR application?

There are numerous reasons why your Indefinite Leave to Remain may be refused. If you are found guilty of an immigration offense, your request will be denied based on the General Grounds for Refusal. However, traffic violations and other driving offenses might jeopardize your immigration status.

What are the reasons for the rejection of the UK Skilled Worker visa?

Failure to convey sufficient detail.
Not satisfying salary standards.
Failure to have the necessary skills and qualifications.
Lack of financial support.
Concerns with your application.
Incorrect documentation.

What if the ILR application is denied?

You must request an administrative review within 14 days following the refusal of your ILR. However, this service is only available if you do not have the right to a first appeal against your refusal. You will receive the results of your administrative review within 28 days.

Conclusion

Hiring an immigration lawyer to assist with your ILR application will protect you from a refusal, which can occur for a variety of reasons. Indeed, a lawyer will guarantee that you meet all of the eligibility conditions and that your application is of the greatest quality before you submit it.

However, if you have previously submitted an ILR application and have received a visa refusal, you can either reapply, appeal the decision, or request an administrative review.

Again, your immigration lawyer can advise you on your future steps, since it may be in your best interests to just restart the application process.