Skilled Worker Visa Refused? Here's What You Can Do Next

If your UK Skilled Worker visa has been refused, you have options.If your UK Skilled Worker visa has been refused, you have options — but you need to act quickly. The deadline for administrative review is 28 days from the date of the decision letter, and missing it can close off your most straightforward route to challenging the decision.

In this article, I explain the three main options available to you, when each applies, and what you should do first.

Why Skilled Worker Visas Get Refused

The Home Office refuses Skilled Worker applications for a range of reasons. The most common are:

Salary threshold not met — your salary falls below the going rate for your occupation code, or below the general threshold (currently £38,700 for most new applicants as of April 2024)

Sponsor licence issues — your employer's sponsor licence has been suspended or revoked, or the Certificate of Sponsorship (CoS) contains errors

English language requirements not satisfied — the evidence provided was insufficient or from an unapproved provider

Character grounds — criminal convictions or adverse immigration history

False or misleading information — even inadvertent errors can trigger a refusal and, in some cases, a ban on reapplying

The refusal letter will state the specific ground. Read it carefully — the ground determines which option is available to you.

Option 1: Administrative Review

Administrative review (AR) is a request for the Home Office to review its own decision. It is not an appeal — you are asking a different caseworker to check whether the original decision contained a caseworking error.

When it is available: AR is available for in-country Skilled Worker refusals (permission to stay) under Appendix Administrative Review to the Immigration Rules. It is also available for out-of-country entry clearance refusals.

Deadline: You must apply within 28 days of receiving your decision.

Cost: £80.

What AR can and cannot do: AR can correct errors of law, errors in applying the Immigration Rules, or situations where the caseworker failed to consider relevant evidence. It cannot consider new evidence that was not before the original decision-maker (with limited exceptions). If your refusal was discretionary — for example, based on character grounds — AR is less likely to succeed.

Right to work during AR: If you had valid leave when you applied and submitted your application in-time, you should have a statutory right to continue working while your AR is pending. Check the conditions of your current leave and seek advice if you are unsure.

Option 2: Fresh Application

In many cases, the most practical route is to address the reason for refusal and reapply. This is particularly appropriate where:

The refusal was based on a salary shortfall that your employer can remedy

The CoS contained an error that can be corrected

You failed to provide sufficient English language evidence and can now supply it

Important: If you apply for administrative review and then submit a new application, your AR request is automatically withdrawn. Do not do both simultaneously.

Be aware that some refusal grounds — particularly false information under paragraph 9.7 of the Immigration Rules — carry a re-entry ban of one or ten years. Check your refusal letter carefully before reapplying.

Option 3: Appeal to the First-Tier Tribunal

A right of appeal to the Immigration and Asylum Chamber of the First-Tier Tribunal (FTT) is only available in limited circumstances. For most Skilled Worker refusals, there is no statutory right of appeal unless you can also raise a human rights ground — typically Article 8 ECHR (right to private and family life).

If you have been living in the UK for a significant period and have established family life here, an Article 8 ground may be arguable. This is a complex area of law and you should take legal advice before pursuing it.

Judicial review of a Home Office decision is also available as a last resort where the decision was unlawful, but this is expensive and time-consuming and should not be the first option.

What to Do First

1. Read the refusal letter in full. Note the specific grounds and the date of the decision.

2. Calculate your AR deadline — 28 days from the date of the decision, not the date you received it.

3. Consider whether the refusal can be challenged — was there a caseworking error? Was all relevant evidence considered?

4. Take advice early. The 28-day AR window is short. If you are considering a fresh application, you need to know whether there is a ban on reapplying before you do anything.

Jackson Ng is a Partner and Barrister at Duan & Duan UK LLP, a solicitors firm based in Temple, London, specialising in UK-China legal matters including immigration, commercial disputes, and employment law.

Frequently Asked Questions

Can I work while my administrative review is pending?

If you had valid leave when you applied and submitted your application before your leave expired, you should have a statutory right to continue working while your AR is pending. However, check the conditions of your leave and take advice if you are uncertain.

What is the difference between administrative review and an appeal?

Administrative review asks a different Home Office caseworker to check whether the original decision contained a caseworking error. An appeal goes to an independent tribunal. Most Skilled Worker refusals do not carry a right of appeal unless a human rights ground applies.

How long does an administrative review take?

Currently, administrative reviews can take up to 12 months. The Home Office will contact you with an update if no decision has been made within 6 months.

Can I apply for a new visa while my administrative review is pending?

No. If you submit a new visa application while an AR is pending, the AR is automatically withdrawn. You must choose one route.

I have been refused because my employer's sponsor licence was revoked. What can I do?

If your employer's licence has been revoked, you cannot rely on that CoS. You will need to find a new sponsor and obtain a new CoS before reapplying. You may also have had your leave curtailed — check your status carefully and act quickly.