Where an application is refused, the appropriate course of action will depend on the circumstances of the case. The most commonly available remedy is an administrative review, which allows the applicant to challenge a decision on the basis of a caseworking error.

Refusals may arise in the context of:

• An initial Skilled Worker visa application
• An application to switch into the Skilled Worker route
• An application to extend or renew existing leave

Applicants must act promptly. The deadline for submitting an administrative review is:

• 28 days from the date of refusal (if the application was made outside the UK)
• 14 days from the date of refusal (if the application was made within the UK)

The Home Office will generally issue a decision within 28 days. If the outcome remains unfavourable, it may be possible to pursue a judicial review, typically initiated by way of a pre-action protocol letter.

Applications with Dependants

Skilled Worker visa holders may be joined in the UK by eligible family members, provided the relevant requirements are met. The following individuals may apply as dependants:

• A spouse, civil partner, or unmarried partner
• Children under the age of 18
• Children aged 18 or over, provided they are already in the UK as dependants and are not married or in a civil partnership

Applicants must provide appropriate evidence to establish the genuineness of the relationship.

Employer Sponsorship Requirements

UK employers intending to recruit overseas workers under the Skilled Worker route must hold a valid sponsor licence issued by the Home Office. This licence confirms that the organisation is authorised to sponsor migrant workers for eligible roles.

To obtain and maintain a sponsor licence, employers must demonstrate that they:

• Are a genuine and lawfully operating business in the UK

• Are offering a legitimate role that meets the relevant skill and salary thresholds

• Have adequate HR systems and processes in place to comply with sponsor duties

• Possess sufficient personnel and resources to manage sponsorship obligations, including use of the Sponsor Management System (SMS)

• Are committed to ongoing compliance, including Home Office audits and reporting requirements

Sponsors are typically granted an “A-rated” licence where they meet all compliance standards. Failure to meet these obligations may result in a downgrade to a “B-rating”, during which time the sponsor will be unable to assign new Certificates of Sponsorship until deficiencies are rectified.

It should be noted that employers are no longer required to undertake a Resident Labour Market Test.

Sponsorship Requirements

For a Skilled Worker visa application to succeed:

• The sponsoring employer must hold a valid A-rated sponsor licence

• The Immigration Skills Charge must be paid, where applicable

• The Home Office must be satisfied that the role represents a genuine vacancy

• The applicant must be assigned a valid Certificate of Sponsorship for the specific role

Certificate of Sponsorship (CoS)

A Certificate of Sponsorship is a mandatory requirement for a Skilled Worker visa application. It is an electronic document issued by a licensed sponsor, containing a unique reference number that the applicant must use when applying.

There are two types of CoS:

• Defined CoS: Issued to applicants applying from outside the UK

• Undefined CoS: Used for applicants already in the UK, including those switching immigration routes

Sponsors must apply to UK Visas and Immigration (UKVI) for defined CoS on a case-by-case basis, providing details of the role and salary. Undefined CoS are typically allocated to sponsors annually, based on organisational needs and workforce size.