In any given year, thousands of applicants get UK visas and if you are not prepared, you will never be approved. In the UK’s points-based system of immigration (it’s implemented in 2021), an applicant has to follow a very specific set of conditions for a skilled worker visa application to be valid. If you don’t fit the bill, your application could be denied and you may be sent to jail.
So here is an easy guide to applying for a valid Skilled Worker visa, and what if your application is rejected?
Why Is An Application For A Skilled Worker Visa Valid?
The UK Home Office has a different procedure under Paragraph 34 of the Immigration Rules that concerns visa applications outside the UK (Skilled Worker) and visa applications. If you want to make a valid application, make sure you:
- Use the correct application form.
- Complete all the necessary fields of the form.
- Pay the correct application fee.
- Verify your identity (unless you’re a tourist).
- Enroll biometric data (fingerprints, photo) as per the government policy.
- If any of these conditions is not met, then your application is disqualified and the Home Office will not accept it.
First Warning for Invalid Applications
Your application might have an error or a missing piece of information and the Home Office will usually give you time to amend it. They need to write a letter to you and leave you with a time limit to remedy the issue.
If Your Application is Invalid, What Happens?
Your application will be declared invalid if you don’t correct the error before the time. The notification of invalidity will be sent to you, where your application is considered as though it was never received. In this case:
- Home Office will give you back your application fee but retain a £25 admin charge for invalidation.
- You’ll get no more time to remain in the UK (“3C leave”), so you risk being an overstayer.
Minimum Qualifications Required for Skilled Worker Applications.
Apart from the general validity conditions, there are some additional conditions attached to Skilled Worker visa applications. These include:
- (Age: Candidates must be 18 years of age.
- Support: A UK employer’s Certificate of Sponsorship must have been valid at least 3 months before you applied.
- Other Limitations: If you have already been in the UK on any visas (eg visitor or seasonal worker) you will not be able to apply for a Skilled Worker visa.
- Your application will not be valid if one of these criteria isn’t met.
Consequences of an Invalid Application
When your application is invalid, it is as if you didn’t apply. This can have serious consequences:
- No “3C leave”: if you applied close to your current visa expiration date, you could end up with an overstay if your application is rejected. That would equate to no legal ability to remain in the UK or to work.
- Reapplying: If you are disqualified for non-competent status, you will need to apply again which can delay and change your immigration record.
It is extremely important to file a valid Skilled Worker visa application so that you are not late and face any kind of issues. You have to strictly follow the Immigration Rules and submit the correct documents, fees, and documents as stated in the Immigration Rules. Invalid application: You may get harsh punishments like being overstayed.
Law and Visas can walk you through the visa application process so your Skilled Worker visa application is valid, completed, and delivered timely. Reach out to us for help and advice.
