Skilled Worker Visa Applications and Refusals

Skilled Worker applications, prepared to withstand scrutiny

We advise individuals and employers on Skilled Worker applications, extensions, changes of employment and settlement, and we act where an application has been refused or left undecided.

Applications

The Skilled Worker route is now considerably more demanding than it once was. Changes to the skill threshold, the salary requirements and the list of eligible occupations mean that an application which would previously have succeeded may now fail on a technicality. The most common difficulties arise from the Certificate of Sponsorship itself: an incorrect occupation code, a salary that falls below the applicable threshold, or a job description that does not reflect the role. We review each of these points against the current rules before anything is submitted.

• Entry clearance and in-country applications
• Extensions and changes of employer or role
• Partners and children as dependants
• Indefinite leave to remain after five years
• Advice on eligibility before an offer is accepted

Refusals and delay

A Skilled Worker refusal does not usually carry a right of appeal. The remedy is ordinarily an administrative review, which must be lodged within 14 days where the applicant is in the United Kingdom. If the review fails, or the decision is plainly unlawful, judicial review may follow. Where the Home Office has left an application undecided for an unreasonable period, a pre-action letter is often enough to secure a decision; if it is not, proceedings can be issued.

One barrister, from application to appeal

In many firms the application is prepared by one person, the refusal is passed to another, and counsel is instructed only once the matter reaches the tribunal. Here, a barrister is involved from the outset. Your application is prepared with the evidence and legal issues addressed at the start, which is the best protection against refusal. If the Home Office does refuse, the barrister who already knows your case can move directly to the next step, whether that is an administrative review, an appeal or judicial review. Where proceedings need to be issued, we can conduct the litigation on your behalf, so you are not left to deal with the court alone.