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Can A Skilled Worker Visa Be Refused?

Jan 21, 2023 | Immigration

Can A Skilled Worker Visa be Refused Nexis Law

Can a Skilled Worker Visa be Refused? Yes it can. Applying for a Skilled Worker visa in the UK can be a complex and stressful process. As experts in UK business immigration, we understand that even the smallest mistakes on a Skilled Worker visa application can result in a rejection from the Home Office. However, by taking the time to double-check your information, understand the requirements, and provide additional documentation, you can reduce the risk of your visa being denied. In this article, we will guide you on how to avoid a refusal and increase your chances of receiving a successful UK Skilled Worker visa application.

Common Reasons for a UK Skilled Worker Visa Refusal

UK Visas and Immigration (UKVI) may refuse Skilled Worker visa applications for a variety of reasons; however, based on our experience, the most typical causes for visa refusal are as follows:

Not meeting salary requirements

Skilled Worker visa applicants may receive a refusal if they do not meet the salary requirements for their job. This can occur if the applicant misunderstands the rules or uses the wrong salary threshold.

Providing incorrect or insufficient information 

An application may be refused if UKVI finds that the applicant has provided incorrect or insufficient information. This can include providing incorrect details on the application form, leaving out questions, or failing to provide requested evidence. If UKVI believes the applicant has deliberately provided false information, the application will also be refused and home office may ban the applicant from applying under any Immigration category because of deceiving the home office. 

Suspected of not being a genuine applicant

If the Home Office suspects that the applicant is not a genuine Skilled Worker visa candidate, they will refuse the application. This can happen, for example, if the home office believes that a job is not real and was only created just for the sake of candidate applying for a skilled worker visa. 

Not meeting skill requirements

Even if the applicant has been offered a job by a legitimate UK sponsor, if UKVI has reason to believe that the applicant does not have the necessary skills to perform the job, they will refuse the application. This is because Skilled Worker visa applicants must have relevant skills equivalent to at least RQF level 3 for the job offered.

Things to note

The Home Office has the authority to ban a person for years, if they try to deceive during the visa or immigration process. This can include providing false information or submitting fraudulent documents.

Unsuitable candidate

UKVI may refuse the application under Immigration Rules part 9 if:

  • The applicant was previously deported from the UK.
  • The applicant’s presence in the UK will not in the public interest due to conduct, character, associations or other reasons.
  • The applicant has received a custodial prison sentence of 12 months or longer or has a history of persistent offending or committed an offence causing serious harm.
  • The applicant has been excluded from asylum or humanitarian protection grounds.

Insufficient funds to support oneself in the UK

Under immigration rules, to apply for a Skilled Worker visa, an applicant must have at least £1,270 in their bank account for a period of 28 days or more before the application. Skilled worker application can be refused if the applicant does not provide the correct form of evidence for this requirement. The employer can also opt to provide the maintenance for sponsored employee by providing this information in CoS.

Incorrectly formatted documents

Even if an applicant meets all the requirements, their application may still be refused if they do not submit the necessary documents in the correct format. For example, if original documents are required with a certified translation, the translation must be done correctly. Additionally, if an employer letter is requested, it should be written on the letterhead and must include all the details requested.

Are you looking for help with your Skilled Worker Application?

Are you struggling to navigate the complex process of UK Skilled Worker Application? Our team of experienced immigration lawyers is here to provide the assistance you need. 

Nexis Law Building