Skilled Worker Visa Refused: What to Do Next

TL;DR

Most Skilled Worker visa refusals do not carry a right of appeal — the remedies are administrative review (for caseworker errors, 14-28 day deadline), judicial review (rare, expensive), or re-application with stronger evidence. Always read the refusal letter carefully — it states which remedy applies and the deadline.

What the refusal letter contains

Every UKVI refusal includes:

• Decision date — clock starts here for any remedy
• Reasons for refusal — specific Immigration Rules paragraphs cited (e.g. "paragraph SW 4.2 — salary below threshold")
• Available remedies — administrative review, appeal, or none
• Deadline — 14 days from receipt for in-country administrative review; 28 days for out-of-country

Read the letter carefully. The reasons are usually specific enough to address in either an administrative review or re-application.

Administrative review

Administrative review (AR) is the standard Skilled Worker remedy. It applies when:

• The caseworker made an error of fact or law
• A specific document or piece of evidence was missed or misinterpreted
• The decision is inconsistent with the published Immigration Rules

It does not apply when:

• New evidence has come to light since the original decision (re-apply instead)
• You disagree with the caseworker's discretionary judgment
• The refusal cites a criminal record or deception finding (different process)

Cost: £80, refunded if the refusal is overturned. Decision time: typically 6 months. You cannot work in the UK during AR (unless you have Section 3C leave from a separate route).

Common refusal reasons

Salary at or below threshold

The most common Skilled Worker refusal. Your CoS lists a salary that doesn't meet the £38,700 minimum or the going rate for your SOC code. Remedies:

• If the CoS is wrong (admin error): ask the sponsor to amend, then re-apply
• If the salary is genuinely below threshold: not eligible for this route

Sponsor licence revoked

If your sponsoring employer's licence was revoked between CoS issue and your application, the visa is refused. The CoS becomes invalid. You need a new CoS from a different sponsor.

Inconsistent evidence

Pay history doesn't match the CoS-stated salary; documents inconsistent with employment history; English language certificate from non-SELT centre.

Genuine vacancy doubt

UKVI suspects the role doesn't really exist or was created to facilitate immigration. Common in small employers without obvious business need for the role. Re-application with stronger business evidence (job advertisements, organisational chart, role description) sometimes works.

Deception finding

The most serious refusal — UKVI alleges you submitted false documents or misrepresented facts. This carries a 10-year re-entry ban and effectively ends UK immigration for that period. Always engage an IAA-registered adviser immediately.

Re-application

If administrative review isn't appropriate, re-application is usually the route. Best practice:

1. Address every refusal reason explicitly in the new application
2. Don't repeat the same evidence — if it failed once, it'll fail again
3. Get the underlying issue fixed — wrong CoS amended, missing document obtained, mismatched evidence reconciled
4. Wait if needed — for sponsor licence issues, wait until the new sponsor is licensed before applying

There's no waiting period required between applications, but each refusal is recorded and visible to caseworkers. A pattern of refusals raises credibility concerns.

Judicial review

Judicial review is the remedy when:

• The refusal was procedurally unfair (e.g. you weren't given an opportunity to respond to a specific concern)
• The decision was so unreasonable no caseworker properly applying the rules could have reached it
• The decision breached your human rights (e.g. Article 8 family life)

JR is expensive (£10,000-£30,000+), takes 6-18 months, and has a high bar. Always consult an immigration solicitor before pursuing.

Engaging an IAA-registered adviser

We are not regulated by the Immigration Advice Authority (IAA) and do not provide immigration advice. For refusals — particularly anything mentioning deception, ban, or family-life implications — engage an IAA-registered adviser or a solicitor regulated by the SRA.

Find one through the official IAA register. Initial consultations are typically £50-£200 for a 30-60 minute review of your refusal letter.

Mistakes to avoid

• Applying again immediately without addressing the original refusal reason — almost always refused again
• Submitting "more" evidence of the same type that failed — quality over quantity
• Ignoring deadlines — administrative review windows are strict; missed deadline means losing that remedy entirely
• Switching countries to apply — the refusal is on your record globally; switching application centres doesn't reset it

How our tools fit in

We can help with the documentary side of a re-application:

• Use the Checklist generator to confirm exactly what documents your specific Skilled Worker situation needs
• Use the Bundler to assemble them in canonical UKVI order with a cover sheet and index
• Use the Compressor to fit upload limits

We cannot tell you whether to re-apply, whether to seek judicial review, or how to handle a deception allegation. Those are regulated immigration advice and require an IAA-registered adviser.