UK Skilled Worker Visa Refusal
- Details
- Written by: Wembley Solicitors
If your UK Skilled Worker visa application has been refused and you think the work visa refusal is unlawful, then you may be able to appeal against the decision.
Please book an appointment with our immigration solicitors to discuss your UK Skilled Worker visa refusal letter, the appeal process, and the costs involved.
What are the reasons for a UK Skilled Worker visa refusal?
There can be various reasons for the refusal of a UK Skilled Worker visa application. Some common reasons include:
- Insufficient Supporting Documents: If the required documents, such as educational qualifications, work experience certificates, or financial evidence, are not provided or are incomplete, it can lead to a visa refusal.
- Failure to Meet Eligibility Criteria: If the applicant does not meet the specific eligibility criteria for the Skilled Worker visa, such as not having a valid job offer from a UK employer, not meeting the English language proficiency requirements, or not earning the required salary, the application may be refused.
- Issues with the Certificate of Sponsorship (CoS): Problems with the CoS, such as an invalid or unused CoS, can result in a visa refusal.
- Criminal Record or Security Concerns: If the applicant has a criminal record or if there are concerns about national security, the visa may be refused.
- Health-related Issues: If an applicant fails to meet the health requirements or poses a health risk to the public, the visa may be refused.
There are high chances of getting a Skilled Worker visa refusal if you are not fully aware of relevant immigration law(s) and eligibility criteria. It would be best if you get legal advice from experienced immigration solicitors to boost your chances of success.
UK skilled worker visa appeal process
If your skilled worker visa application is refused, you have the option to appeal the decision. There are two main ways to appeal:
Administrative Review
Administrative Review is a review by the Entry Clearance Officer who made the initial decision. It involves checking whether the decision was correct based on the information provided in the original application. It does not involve submitting new evidence or attending a hearing.
Judicial Review
Judicial Review is a court process to challenge the lawfulness of a decision if there was an error of law in the making of the decision or a mistake made by the caseworker.
There are several stages involved in the Judicial Review process. Our immigration solicitors will guide you on every step of the appeal process and provide legal advice & assistance with Pre-Action Protocol and Judicial Review.
Pre-Action Protocol for Judicial Review
Before filing a Judicial Review (JR), you can send a PAP (Pre-Action Protocol) letter to the Home Office to reconsider the refusal decision made on the Skilled Worker visa entry clearance application.
The Pre-Action Protocol is a formal letter to the Home Office for the reconsideration of the decision and to reach an out-of-court settlement if possible.
If Home Office UKVI declines to settle and chooses to defend the case, then you can initiate the Judicial Review (JR) proceedings.
UK skilled worker visa appeal timeline
If you are outside the UK, you will have 28 days after you get your decision to appeal against the refusal of your Skilled Worker visa application. You will have 14 days if you are inside the UK.
If you apply after the deadline, you must explain why - the tribunal will decide if it can still hear your appeal.
UK skilled worker visa appeal processing time
Usually, the UK Skilled Worker visa appeal process takes between 6 and 12 months depending on the complexity of the matter.
How can we help if your UK Skilled Worker visa application has been refused?
Visa Refusal Review
Our experienced immigration solicitors will thoroughly review your Skilled Worker visa refusal letter, helping you understand the specific reasons for the refusal and identify areas that need improvement.
Reapplication Assistance
We will work closely with you to address the issues that led to your refusal, ensuring your new application is strong, well-documented, and in compliance with UK immigration laws.
Appeals and Administrative Reviews
You may have the option to appeal the refusal or request an administrative review. Our team can guide you through this process and provide expert representation.
Advice and Consultation
If you are uncertain about your options or want to ensure your next application is flawless, our immigration solicitors are available for consultations and personalised guidance.
The appeal process and grounds for appeal may vary depending on the specific circumstances of the case, and seeking professional advice from an immigration solicitor can be beneficial in navigating the process successfully.
Contact our immigration solicitors in Wembley, London on 020 3417 3700 or fill in the enquiry form for immediate legal advice & assistance with an appeal against unlawful refusal.
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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.