Skilled Worker Visa Approved After Initial Refusal
Sectors:
- Health and Care Categories
Services Provided:
Background
Our client applied for leave to remain in the UK under the Skilled Worker Visa route. At the time of application, the client was facing an upcoming magistrates’ court hearing for a low-level criminal allegation, which they strongly denied. No conviction had been recorded.
The UK Visas and Immigration (UKVI) department indicated it would pause the application until the court proceedings concluded.
This delay posed significant challenges:
The client was unable to work while the application remained undecided.
The delay threatened the client’s livelihood and created operational strain for the sponsoring employer.
Our Role
We acted swiftly to challenge the delay by submitting detailed legal representations to UKVI, arguing that the decision to pause the application was unnecessary and disproportionate.
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1
Compliance with Home Office Policy
We cited UKVI’s own guidance on pending prosecutions, which states that applications should only be paused if the outcome would materially affect the decision. In this case, the alleged offence even if proven—would not meet the threshold for mandatory refusal or deportation under the Immigration Rules.
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2
Nature of the Allegation
The alleged offence carried a maximum sentence of 26 weeks, well below the 12- month threshold for mandatory refusal under Part 9 of the Immigration Rules. The client had no prior criminal history, and the offence did not involve serious harm.
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3
Proportionality and Impact
We emphasised the personal and financial hardship caused by the delay, including the client’s inability to work and the disruption to the sponsoring employer’s operations.
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4
Request for Timely Decision
We urged UKVI to assess the application based on the current facts and legal framework, rather than deferring the decision pending the court outcome.
Outcome
UKVI reviewed our legal representations and approved the Skilled Worker Visa without waiting for the court proceedings to conclude. Subsequently, the client was acquitted of all charges, validating the fairness and timeliness of the decision.
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Visa Granted
Skilled Worker Visa granted despite pending legal proceedings -
No Delays
Avoided unnecessary delay and financial hardship -
Business Continuity
Ensured business continuity for the sponsoring employer -
Impact of Effective Legal Advocacy
Demonstrated the power of legal advocacy and proper application of Home Office guidance
