Skilled Worker Visa Refusal
An individual applied for entry clearance as a Skilled Worker in the UK, specifically under the healthcare sector. The application was refused due to the employer's failure to provide necessary compliance documents required by UK Visas and Immigration during the process. Consequently, the client did not meet several requirements outlined in the Immigration Rules, leading to 0 points awarded for both sponsorship and job skill level. This resulted in the inability to secure tradeable points, and evidential flexibility was not applied due to unmet sponsorship requirements.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take next to address the refusal of my Skilled Worker Visa application?
To address the refusal of your Skilled Worker Visa application, you should first apply for an Administrative Review within 28 days of receiving the decision. During this review, you can challenge the decision if you believe there was a case working error. Gather any newly available compliance documents from your employer to strengthen your application. Additionally, review the specific Immigration Rules cited in your refusal to understand the exact requirements you did not meet.
Could you explain which specific compliance documents are typically required from the employer for a Skilled Worker Visa application?
For a Skilled Worker Visa application, the employer typically needs to provide the following compliance documents: a Certificate of Sponsorship (CoS) confirming the job role and salary; evidence of the job meeting the appropriate skill level; proof of meeting the minimum salary threshold; and compliance with the Resident Labour Market Test (if applicable). The company must also demonstrate adherence to sponsorship duties, such as maintaining accurate records and reporting changes to UK Visas and Immigration.
Is it possible to appeal the decision, and what would the process involve?
It is not possible to appeal a UK visa refusal decision directly; however, you may apply for an administrative review if you believe the decision was incorrect due to a casework error. You have 28 days from the date you received the refusal to apply for this review. The process involves submitting a request for review and outlining where errors were made in the decision based on the Immigration Rules.
If the company can now provide the necessary documents, how should I proceed with reapplying or addressing the refusal?
If the company can now provide the necessary documents, you may consider reapplying for the Skilled Worker Visa, ensuring that the company submits all required compliance documentation. Review the specific requirements of the Immigration Rules for Skilled Worker Visas to confirm everything is complete. If the 28-day window for administrative review has not passed, you could also request a review accompanying the new documentation.
Are there any other potential issues or common pitfalls I should be aware of when applying for a Skilled Worker Visa in the healthcare sector?
When applying for a Skilled Worker Visa, especially in the healthcare sector, ensure that the Certificate of Sponsorship (CoS) is accurate and reflects the job role and salary level. Ensure all personal documents, such as qualifications and proof of funds, are in order.
If one application is refused, does the next application automatically get refused?
A refusal of one visa application does not automatically lead to the refusal of subsequent applications. Each application is assessed individually based on compliance with the specific criteria set out in the Immigration Rules.
