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Skilled Worker visa refused: options and deadlines

A refused Skilled Worker application can be challenged by administrative review (£80; 14 days if you applied in the UK, 28 days if you applied from abroad) because Appendix Skilled Worker is on the eligible list. A certificate of sponsorship that has been used in a refused application cannot be used again (SW 5.1(d)), so a fresh application needs a new certificate and a new visa fee.

A Skilled Worker refusal usually lands on two people at once: the worker and the employer who sponsored them. The remedies are narrower than many expect, the deadline is short, and the way the sponsor's certificate works changes what a second attempt costs.

This guide sets out what the route requires, what remedies exist and their deadlines, the rule that stops a refused certificate of sponsorship being used again, and the money involved in each path. Figures are from GOV.UK's Skilled Worker pages, Appendix Skilled Worker, Appendix Administrative Review, the Home Office fee table and the Immigration Health Surcharge page, read on 9 October 2026. It explains how the rules work. It does not say what to do in a particular case.

What the route requires, so you can read the letter against it

GOV.UK says you must meet all of these: your job is eligible, you will work for a UK employer approved by the Home Office, and you will be paid at least the minimum salary rate for the type of work. A refusal letter will be written against Appendix Skilled Worker (SW) paragraphs. The headings that matter most:

The job. The job must have an eligible 4-digit occupation code. GOV.UK says that if the code is listed as "higher skilled" you can apply; if it is listed as "medium skilled" you can apply only if the job is on the Immigration Salary List or the Temporary Shortage List (or is a prison officer, code 3314, extending or switching), or if you are extending and got your first certificate of sponsorship before 22 July 2025.

The salary. The minimum is the highest of £41,700 a year and the going rate for the occupation code. GOV.UK gives an example: a salary of £42,000 where the going rate is £45,000 does not meet the usual requirement. Lower figures can apply: at least £33,400 a year, at 70% to 90% of the going rate, for people such as those under 26, recent graduates or people with a relevant STEM PhD (£37,500 for other PhDs), and different rules for some healthcare and education jobs.

The sponsor and the certificate. Paragraph SW 5.2 requires the sponsor to be authorised by the Home Office to sponsor the job in question. Paragraph SW 5.1 says the certificate of sponsorship (CoS) must be valid: it must confirm your name, the job and the salary, be allocated by the Home Office to that sponsor for the specific job and salary details (for entry clearance), have a start date no more than 3 months after the application, not have been withdrawn by the sponsor or cancelled by the Home Office, and not have been used in a previous application that was granted or refused. The validity rule in SW 1.2(d) also requires the CoS to have been issued no more than 3 months (or 90 days, in the case of a Sponsor a Worker reference number) before the date of application.

English. At least level B2 on the CEFR scale for new applicants. People who held this visa before 8 January 2026 and are extending or updating need B1. People from the listed countries, for example Australia, Canada, New Zealand and the USA, do not need to prove it.

Money, health and character. Most applicants need £1,270 available to support themselves unless the employer certifies it can cover the first month's costs up to that amount. A tuberculosis test certificate is needed from listed countries, and a criminal record certificate for certain jobs. Applications are also tested against Part Suitability.

Nationality. Paragraph SW 3.3 says a person "must not be applying for entry clearance as a Skilled Worker as a national or citizen of Afghanistan". The explanatory memorandum to the Statement of Changes HC 1691 says Skilled Worker applications from Afghan main applicants are refused from 26 March 2026 and that the change does not affect applications made before that date.

Remedy 1: administrative review

Appendix Administrative Review, paragraph AR 1.1, lists Appendix Skilled Worker, so a refusal on this route can be reviewed. The rules are in our administrative review guide; the essentials are:

  • the fee is £80, payable online;
  • the deadline is 28 calendar days from receiving the notice if you were refused entry clearance outside the UK, 14 calendar days if you were refused permission to stay in the UK, and 7 calendar days if you were detained (AR 2.6);
  • the reviewer asks whether the caseworker "failed to apply, or incorrectly applied" the Immigration Rules or published guidance (AR 3.1) and looks only at whether you were entitled to permission on the basis of your original application (AR 3.2);
  • new evidence is considered only in the cases listed in AR 3.3 (deception findings, previous breach of immigration laws for entry clearance, a failure to request specified documents under paragraph 245AA, and a failure to follow the evidential flexibility policy);
  • GOV.UK currently says it "can take 12 months or more to receive the result" for in-country and out-of-country reviews.

Dependants who were in the original application can be included (AR 2.11).

The interaction with a fresh application is the trap. Under AR 4.4, if you make a new application while a review is pending, the review is treated as withdrawn the day before. Under AR 2.16, a review requested after a new application is not valid. And AR 4.3 treats the review as withdrawn if you leave the UK or ask for your passport back to travel. If the review succeeds, the original decision is withdrawn and reconsidered (AR 5.1(a)). That is a reconsideration, not an automatic grant.

Remedy 2: appeal, and why it is rarely open

A right of appeal to the First-tier Tribunal comes from section 82 of the Nationality, Immigration and Asylum Act 2002, which covers refused protection claims, refused human rights claims and revoked protection status. A standard Skilled Worker refusal does not fall in those categories. The GOV.UK appeals page says your decision letter will usually tell you if you have a right of appeal and, if you do not, whether you can ask for an administrative review. For this route, expect the letter to point to administrative review.

If the letter does say you can appeal, the deadlines are 14 days in the UK and 28 days outside it, and the fee is £82 without a hearing or £144 with one. Our appeals guide covers the process.

The certificate of sponsorship cannot be reused

This rule has a large practical effect. SW 5.1(d) requires that the CoS "not have been used in a previous application which was either granted or refused (but can have been used in a previous application which was rejected as invalid, made void or withdrawn)".

Put plainly:

  • If your application was refused, that CoS is spent. A new application needs a new CoS from the sponsor.
  • If your application was rejected as invalid, made void or withdrawn, the same CoS can still be used.
  • If an administrative review succeeds, the original decision is withdrawn and the application is reconsidered (AR 5.1(a)).

A new CoS is not automatic. The sponsor has to agree to assign one, must still hold a licence, and pays the assignment fee. The fee table sets the CoS fee at £525 for the Skilled Worker route. The CoS also has to be issued no more than 3 months before the new application is made, and the start date no more than 3 months after it. Whether to assign a new one is the employer's decision; the worker cannot do it alone.

This is why the choice between waiting for a review and starting again is not only about legal merit. A review uses the original CoS and the original fee but, on GOV.UK's current wording, can take 12 months or more. A new application needs a new CoS and a new visa fee but can be decided in about 3 weeks (outside the UK) or 8 weeks (inside the UK). Making the new application ends the review. Which of these makes sense depends on the refusal reasons and on whether the employer can wait.

What starting again costs

The fee table gives the Skilled Worker visa fee for the main applicant and dependants (per person), which is the same for each person on the application:

  • Outside the UK: £819 for a grant of 3 years or less, £1,618 for more than 3 years.
  • Inside the UK: £943 for 3 years or less, £1,865 for more than 3 years.
  • A job on the Immigration Salary List: £628 for up to 3 years, £1,235 for more than 3 years, in or out of the UK.
  • Health and Care Worker visa: £324 for up to 3 years, £628 for more than 3 years, and no healthcare surcharge.

The Immigration Health Surcharge is £1,035 per year for most applicants (£3,105 for 3 years). GOV.UK's worked example for a standard job outside the UK is £819 plus £1,035 for each year of the stay, a total of £2,889 for 2 years; for a 3-year stay the same arithmetic gives £819 + £3,105 = £3,924. For a 5-year grant outside the UK it is £1,618 + £5,175 = £6,793. The employer's costs (the CoS fee of £525 and the Immigration Skills Charge) are separate. You also need £1,270 available for your own maintenance unless exempt.

What comes back: the healthcare surcharge. The IHS page says you get a full refund if your application is refused, usually within 6 weeks, and if you appeal or ask for an administrative review the refund comes up to 6 weeks after the appeal or review is dismissed. If a review later succeeds and you have already been refunded, you repay it. The visa application fee is not listed as refundable on the pages read.

If you applied from inside the UK

For a switch or extension inside the UK, the first question after a refusal is status. Section 3C of the Immigration Act 1971 extends your existing permission, on the same conditions, if you applied before it expired and the permission ran out before a decision. It continues while an administrative review of the decision could be sought or is pending. It lapses if you leave the UK. Appendix AR 4.1 says you will not be removed while an in-country review is pending. GOV.UK says that if your visa has expired you will not usually be removed until the review is completed.

When no review is pending and the time limit has passed, section 3C leave ends, and Part Suitability starts to matter: SUI 11.4(a) treats overstaying as a breach of immigration laws, with exceptions in SUI 13.1. One exception is an application made within 14 days of the refusal, or of the end of section 3C leave, or of the expiry of the time limit for a review, or of a review concluding. The next application then needs to be made inside that window to avoid the overstaying counting.

A job change creates its own question. The GOV.UK page says you cannot change jobs or employer unless you apply to update your visa, so a refusal does not give permission to start work with a different sponsor.

Common reasons applications fail, in the rules' own terms

These are grouped by rule, not by how often they occur: the sources read give no breakdown of refusal reasons.

  • The CoS was issued more than 3 months before the application (SW 1.2(d)), or the start date is more than 3 months after it (SW 5.1(c)).
  • The salary is below the higher of £41,700 and the occupation's going rate, or the job code is "medium skilled" and not on the Immigration Salary List or the Temporary Shortage List.
  • English at B2 was not shown, or the evidence was not an accepted type. GOV.UK points to qualifications from a UK school begun under 18, a degree taught in English (with an Ecctis assessment where not from a UK institution), or a SELT from an approved provider.
  • The application did not include the TB certificate, the criminal record certificate for the jobs that need one, or proof of funds.
  • Part Suitability grounds: criminality, deception, false representations or a breach of immigration law, covered in SUI.

The letter cites paragraphs. Match each one to the list above before anything else, because an administrative review looks at the same paragraphs, and a new application has to cure them.

Who does what, and when people get help

After a Skilled Worker refusal there are three decisions that rest with different people: whether to ask for a review (the applicant, within 14 or 28 days), whether to assign a new certificate (the sponsor), and whether to apply again (the applicant, usually after the sponsor agrees). GOV.UK's adviser guidance says an IAA Level 2 adviser can get a visa application decision reviewed, and only Level 3 advisers can appear for you at a tribunal. Solicitors can do both. A typical engagement starts with a review of the refusal letter and the original application, followed by a written client care letter setting out the work and the fee.

Because the sponsor's certificate, the 3-month rules and the review clock interact, many people take advice before choosing between waiting and starting again.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I ask for an administrative review of a Skilled Worker visa refusal?

Yes. Appendix Skilled Worker is on the list in Appendix AR 1.1. The fee is £80 and the deadline is 14 days if you applied in the UK, 28 days if you applied from abroad and 7 days if you were detained. GOV.UK says results can take 12 months or more.

Can I use the same certificate of sponsorship after a refusal?

No. Paragraph SW 5.1(d) says the certificate must not have been used in a previous application that was granted or refused. It can be reused if the earlier application was rejected as invalid, made void or withdrawn. After a refusal, a new application needs a new certificate from the sponsor.

Do I get my visa fee back if my Skilled Worker visa is refused?

The pages read show a full refund of the Immigration Health Surcharge if the application is refused, usually within 6 weeks, but they do not list the application fee as refundable. The sponsor's certificate fee is paid by the employer.

What is the Skilled Worker minimum salary in 2026?

GOV.UK says the higher of £41,700 a year and the going rate for the occupation code. Lower floors such as £33,400 apply in listed cases, for example some new entrants, and there are different rules for some healthcare and education jobs.

Can I reapply while an administrative review is pending?

You can make a new application, but under Appendix AR 4.4 the review is then treated as withdrawn the day before the new application. A review requested after a new application is not valid (AR 2.16).

Can an Afghan national apply for a Skilled Worker visa?

Paragraph SW 3.3 says a person must not be applying for entry clearance as a Skilled Worker as a national or citizen of Afghanistan. The memorandum to HC 1691 says it applies to main applicants from 26 March 2026 and does not affect applications made earlier.

Sources

Last checked 2026-10-09.

Related guides

  • UK visa refused: appeal, administrative review or reapply? — Your refusal letter says whether you can ask for an administrative review (£80; 14 days in the UK, 28 days outside, 7 if detained) or appeal to the First-tier Tribunal (£82 or £144; 14 or 28 days). Appeals are only for refused protection or human rights claims and a few other decision types. Making a new application withdraws a pending administrative review.
  • Administrative review of a UK visa refusal — Administrative review is a Home Office check of whether a refusal was caused by a caseworking error. It costs £80 and must be requested online within 14 days if you were in the UK, 28 days if you applied from outside, or 7 days if detained. It only covers routes listed in Appendix AR, usually ignores new evidence, and GOV.UK says results can take 12 months or more.
  • Immigration appeal to the First-tier Tribunal — You can only appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if the decision carries a right of appeal, mainly a refused protection claim, a refused human rights claim, or a revoked protection status. The fee is £82 without a hearing or £144 with one, and the notice of appeal must reach the tribunal within 14 days if you are in the UK or 28 days if you are outside it.
  • Section 3C leave: your status while a decision is pending — If you apply to extend or change your UK leave before it expires, section 3C of the Immigration Act 1971 extends that leave on the same conditions until the application is decided, and while an appeal or administrative review is possible or pending. It does not apply to late or invalid applications, and it ends if you leave the UK.
  • Skilled Worker visa cost: worker and employer totals — A worker applying from outside the UK for up to 3 years pays £819 plus £1,035 a year in healthcare surcharge, and usually needs £1,270 held in savings. The employer separately pays a £525 certificate fee and the immigration skills charge, and its licence fee if it is new.
  • Skilled Worker salary: £41,700 and going rates — Under Appendix Skilled Worker the general salary test is at least £41,700 a year and the occupation's going rate, whichever is higher. Lower thresholds of £33,400, £37,500 or £25,000 apply to specific groups, and only guaranteed basic pay counts.
  • IAA adviser levels 1, 2 and 3: what each can do — The IAA registers immigration advisers at three levels. Level 1 covers straightforward applications, Level 2 adds casework such as complex applications and administrative review, and Level 3 adds representation at immigration tribunal appeals. Advisers must not work above their authorised level.