lolo2 wrote: ↑Tue Dec 02, 2025 11:07 am
You already were asked about the reasons of the refusal.
Put here the wording of the decision letter, removing all personal details. Otherwise it will be difficult to advise.
On behalf of the Secretary of State
You applied for Leave to Remain as a Skilled Worker migrant on 18 September 2025. I am writing to tell you that your application is refused.
What this means for you
You can apply for administrative review. Instructions on how to apply can be found under the ‘next steps’ section below.
If you do not apply for administrative review and do not have extant leave you must leave the country.
The reasons for this decision are set out below.
Yours sincerely
RS
On Behalf of the Secretary of State
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at
https://www.gov.uk/government/publicati ... itizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Reasons for Decision
Your application has been refused for the following reason(s):
Under the Immigration Rules Appendix Skilled Worker, you must meet the following requirement(s):
“SW 14A.1. The applicant must:
(a) genuinely intend, and be able, to undertake the role for which they are being sponsored.”
(b) not intend to undertake employment other than in the role for which they are being sponsored, or as otherwise permitted by SW 18.2.
You have applied for leave to remain as a Skilled Worker migrant, relying on your employment as Recruitment Manager (SOC 2020 code 1136) with XXX XXXXXX Ltd.
We note that you previously held leave under the Tier 1 (Entrepreneur) route, and that your application for indefinite leave to remain under this route was refused on 02 September 2025. Home Office records confirm that the application was refused as UKVI was satisfied that you had failed to create at least two genuine full-time jobs as required under the relevant Immigration Rules.
Your Tier 1 (Entrepreneur) application was based on your role as director of XXXXXX XXXTrading Ltd, and we note that at the time of submitting your Skilled Worker application, you remained a director of this business. You also continue to hold a 25% shareholding in this business to date.
In addition to this, open-source searches of Companies House indicate that you are currently the sole director and 100% shareholder of ************* Ltd and XXXXXX XXX Partners LLP.
The fact that you retained directorship and shareholding of XXXXXX XXXTrading Ltd and simultaneously held ownership and control of two other companies at the time of your Skilled Worker application raises concerns surrounding the genuineness of your employment with XXX XXXXXX Ltd. Following the refusal of your Tier 1 (Entrepreneur) application, we were concerned that your decision to apply for a position with XXX XXXXXX Ltd and your subsequent appointment were made primarily to facilitate your permission to stay in the UK to enable you to continue operating your other businesses, rather than to genuinely undertake your sponsored role.
As such, we are not satisfied that you genuinely intend to undertake the role for which you have been sponsored, or that you do not intend to undertake employment other than in the role for which you are being sponsored as per SW14A.1.(a) and (b). We note that as per SW 18.2(c), supplementary employment is permitted, however we are not satisfied that the responsibility to supervise and oversee three businesses alongside your sponsored role is legitimately maintainable. Furthermore, given that you own 25% of XXXXXX XXXTrading Ltd and have made significant investments in the business, alongside 100% ownership of the other two entities, we are satisfied that the oversight and success of these businesses would take priority over your employment with XXX XXXXXX Ltd.
We have also considered the reasons for the refusal of your previous Tier 1 (Entrepreneur) application. The refusal letter states:
“We are not satisfied that you or your team member have genuinely created the equivalent of two full time jobs for settled workers and that these jobs have lasted for 12 months within your last period of leave.”
“You failed to provide evidence or an explanation to account for why your business was not registered with HMRC for PAYE.”
“Neither you nor your team member have provided any evidence that XXXXXX XXXTrading genuinely employed your claimed employees, and despite repeated requests have furnished no evidence that any of the quoted businesses are registered with HMRC for PAYE.”
“With regard to your claimed employee, XXXXXX XXX, no evidence has been supplied that she was ever paid any salary at all.”
We are satisfied that the failure to evidence the creation of two genuine full-time jobs as part of your application for indefinite leave to remain as a Tier 1 (Entrepreneur) is materially relevant to the credibility of your current sponsored position. The job description on your Certificate of Sponsorship outlines your role as follows:
“Duties: – Manage the end-to-end recruitment process, including job postings, candidate screening, interviewing, and onboarding new employees. – Support managers and staff with employee relations issues, including disciplinary actions, grievances, and investigations. – Maintain accurate personnel records and manage employee lifecycle processes such as promotions, transfers, and exits. – Monitor attendance and absences, process occupational health referrals, and conduct exit interviews. – Ensure company compliance with employment laws and HR policies, keeping up to date with legislative changes. – Coordinate training needs analysis and support the development of staff through training programs. It is a full-time fixed term role for 37.5 working hours per week, Monday to Friday (9:00 am to 5:30 pm)”
These duties clearly pertain mainly to recruitment and the management of employees, however given your previous failure to meet similar responsibilities we were not satisfied that you possess the requisite skills or experience to enable you to undertake the role for which you have been sponsored. As such, we were not satisfied that you have fulfilled the requirements of SW 14A.1(a) which stipulates that you must be able to undertake the role for which you have been sponsored.
In order to provide you with an opportunity to address these concerns, we contacted you on 23 September 2025 and requested, among other things, the following:
START QUOTE
“Please provide details of the recruitment process for your role as Recruitment Manager, including evidence of the job advertisement and interview process.
Please provide evidence to demonstrate that you have the skills and/or qualifications to undertake the role for which you have been sponsored.
Please explain how you became aware of the Recruitment Manager role with XXX XXXXXX Ltd.
We note that you are registered as an active director of XXXXXX XXXTrading Ltd. Please provide a description of your role within this business, as well as details of your day-to-day duties and responsibilities.”
END QUOTE
You responded on 13 October 2025 and addressed each point in turn. You stated that you attended an interview for the role of Recruitment Manager with XXX XXXXXX Ltd on 08 September 2025, and that during this interview you confirmed your intention to resign from your position as director of XXXXXX XXXTrading Ltd. You described the interview as “affirmative”.
However, we note that on 09 September 2025 (one day after your interview), you submitted an application for an administrative review of your Tier 1 (Entrepreneur) refusal, which relied on your continued directorship of XXXXXX XXXTrading Ltd. This submission directly contradicts the statement made during your interview that you would resign from the company prior to beginning your employment with XXX XXXXXX Ltd.
This inconsistency raises further concerns surrounding the credibility of your claimed intentions. If your commitment to resigning from XXXXXX XXXTrading Ltd was genuine, it would be reasonable to expect that you would not subsequently submit an administrative review to challenge the refusal of your Tier 1 (Entrepreneur) application, which is entirely reliant on your position as director following your interview. This clearly indicates that you had not chosen to resign from your position as director of XXXXXX XXXTrading Ltd at the time you submitted your Skilled Worker application, and therefore undermines your claim that your application under the Skilled Worker route is based on a genuine intention to undertake the role.
Following our request for further evidence, you resigned from your position as director of XXXXXX XXXTrading on 30 September 2025. While we acknowledge this resignation, we note that you continue to hold a 25% shareholding in the business. The fact that you retain 25% ownership of the business demonstrates that you continue to have interest in the business’ operations and its success, which further undermines your claim that you “will have no active involvement in the company while working in the UK under the Skilled Worker visa.” as you assert. Additionally, we note that you remain a director of ************* Ltd and XXXXXX XXX Partners LLP, which further demonstrates that you have interests in other businesses. On this basis, we remained satisfied that you do not genuinely intend to undertake your role as per SW 14A.1.(a) Furthermore, we were not satisfied that you do not intend to undertake employment other than the role for which you have been sponsored as per SW 14A.1.(b).
You also provided an overview of the skills and experience you claim to have to enable you to fulfil your role. Specifically, you stated:
START QUOTE
“Qualifications:
· I hold a Master of Science in Business Administration (MSBA – 2 years program), major in Management, as well as a Bachelor of Science in Business Administration (BSBA – 4 years program). These qualifications provided me with a strong academic foundation in business administration, management principles, leadership, and human resource management, all of which are relevant to the responsibilities of the role for which I have been offered. To evidence my skills and qualifications, I am attaching copies of my MSBA and BSBA degree certificates together with the corresponding academic transcripts. These documents demonstrate the breadth and depth of my studies in areas aligned with management, HR management, recruitment, and business operations.
Skills & Experience:
· I have experience in recruitment and talent management for over two decades of professional experience in tech industry. As a Country Manager in XXXXXX XXX, Riyadh, Saudi Arabia, I conducted interviews, recruited and onboarded hundreds of candidates in collaboration with HR team over a period of about 14 years.
· I have 2 years of experience in Europe working as a Recruitment Manager at XXXXXX XXX, Lisbon, Portugal. I managed the full recruitment lifecycle, from job postings and CV screening to interviews and onboarding. I also implemented recruitment strategies for both permanent and contract hire across international markets. “
END QUOTE
We acknowledge your explanation, however the fact remains that your previous immigration history confirms that you have previously been unable to fulfil duties and responsibilities that relate directly to the responsibilities now listed in your job description. Your Tier 1 (Entrepreneur) application was refused on the basis that you had failed to demonstrate that you had genuinely created two full-time positions, maintained these jobs and complied with HMRC PAYE reporting or salary payments, all of which would fall within your remit for your sponsored role with XXX XXXXXX Ltd.
The position for which you have been sponsored required competence in all aspects of recruitment, however your previous failure to demonstrate genuine employment undermines your claim that you have the necessary skills to fulfil the duties of your role. Despite the qualifications you hold and the experience you claim to have, the fact that you failed to meet these requirements under the Tier 1 (Entrepreneur) route satisfies us that you do not have the ability to undertake your role as per SW 14A.1(a), and your application has been refused on this basis.
In order to provide you with a final opportunity to address our concerns regarding your intention to fulfil your role, we contacted you on 08 October 2025 and requested the following:
START QUOTE
“In your previous response, you confirmed that you were interviewed by XXX XXXXXX Ltd on 08 September 2025. You stated that in the interview you had agreed with your employer to resign from your role as Director of XXXXXX XXXTrading Ltd, effective from 30 September 2025.
However, we note that you submitted an application for administrative review of the refusal of your application for Indefinite Leave to Remain as a Tier 1 Entrepreneur on 09 September 2025. We note that this application relied on your continued position as Director of XXXXXX XXXTrading Ltd.
Therefore, please clarify why you chose to submit an administrative review of your Tier 1 Entrepreneur application, despite having agreed to resign from your role as Director of XXXXXX XXXTrading Ltd the day before.
Please confirm if you intended to proceed with the administrative review of your Tier 1 Entrepreneur refusal.
We note that you are currently registered as a Director of XXXXXX XXX Partners LLP. In relation to this, please answer the following:
• What is the nature of your involvement with this business? Please describe your day-to-day duties and responsibilities?
• Do you intend to continue in your role as director? If so, how do you intend to manage your time?
We note that you are currently registered as a director of ************* Ltd. You have been responsible for approving and signing the company accounts as recently as 15 September 2025. In relation to this, please answer the following:
• What is the nature of your involvement with this business? Please describe your day-to-day duties and responsibilities?
• Do you intend to continue in your role as director? If so, how do you intend to manage your time?
Please explain why it was necessary for you to agree to resign from your position as Director of XXXXXX XXXTrading Ltd while remaining in your position as Director of both XXXXXX XXX Partners LLP and ************* Ltd.”
END QUOTE
You responded on 13 October 2025 and stated the following:
START QUOTE
“At the time of submitting my administrative review on 9 September 2025, I was still the Director of XXXXXX XXXTrading Ltd. On 8 September 2025, I attended interview with XXX XXXXXX Ltd, where we discussed the possibility of future employment.
During that discussion, I agreed that if I were offered the position, I would resign from my roles in my Entrepreneur positions, including my directorship at XXXXXX XXXTrading Ltd. However, no confirmation of job offer or Certificate of Sponsorship was received to me until 12 September 2025.
Therefore, when I submitted my administrative review (AR) on 9 September 2025, I did so based on my valid and current status as Director of XXXXXX XXXTrading Ltd. My intention was genuine to preserve my lawful immigration status and ensure that my Tier 1 (Entrepreneur) application was properly reconsidered before any change in my employment circumstances took effect.”
“At the time of submitting my administrative review (AR), I fully intended to proceed with it. However, following the receipt of a compelling job offer, I chose to pursue that opportunity and subsequently submitted a new application.
I therefore formally confirm that I do not wish to proceed with the administrative review of my Tier 1 (Entrepreneur) refusal, and the Home Office has already confirmed its withdrawal
“XXXXXX XXX Partners LLP is not trading at the moment so only fulfilling statutory obligations until disposal of the business. There are no day-to-day duties or trading activities. I do not intend to continue post-disposal.”
“As sole director of ************* Ltd, I used to oversee the company’s growth and expansion, focusing on identifying new product lines and supplier opportunities. I managed sales and marketing operations.
I do not intend to carry out day-to-day duties but will remain as director solely to fulfil statutory obligations until the company is disposed of.”
“Since both businesses have been decided to be disposed of, as the sole director of ************* Ltd, resignation is not currently possible as I am required to fulfil statutory obligations under the Companies Act 2006 until completion of the disposal. Likewise, XXXXXX XXX Partners LLP is not trading, and I remain in the role only to meet Companies House filing and compliance requirements until its disposal.
I will not have any day-to-day operational duties in either business during this period of disposal. “
END QUOTE
We acknowledge your response, however we remain not satisfied that you genuinely intend to undertake the role for which you have been sponsored.
While you have stated that your resignation from XXXXXX XXXTrading Ltd was conditional on receiving a formal job offer from XXX XXXXXX Ltd, the timing of your submissions remains concerning. As previously noted, you attended an interview on 08 September 2025 and agreed to resign from your directorship. However, you elected to submit an application for administrative review on 09 September 2025, relying explicitly on your continued position as director of XXXXXX XXXTrading Ltd.
This action satisfies us that, despite your stated intention, you were simultaneously pursuing a route that was dependent on your ongoing involvement in XXXXXX XXXTrading Ltd, which undermines your claim that you genuinely intend to undertake your role. You also confirm that the decision not to proceed with the administrative review of your Tier 1 (Entrepreneur) refusal was made after receiving a formal job offer from XXX XXXXXX Ltd, which further satisfies us that these actions were taken specifically to preserve your immigration status rather than to genuinely pursue employment with your sponsor. As such, we remain satisfied that you do not genuinely intend to undertake your role as per SW 14A.1(a).
In relation to your directorship and ownership of ************* Ltd and XXXXXX XXX Partners LLP, you confirmed that the businesses are not trading and that you are fulfilling “statutory obligations until disposal”. While we acknowledge your claims, the fact remains that you retain legal control over both businesses. Neither of these entities are registered as dormant on Companies House, and we note that you signed and approved company accounts for ************* Ltd as recently as 15 September 2025. This level of involvement demonstrates active oversight of the business and contradicts your claim that you will not be engaged in day-to-day duties.
You assert that you are unable to resign due to statutory obligations, however we are satisfied that there is nothing preventing you from beginning the process of dissolving the businesses and resigning from your position as director if you wish to do so. This suggests that you retain active interest in their continued operation, and further satisfies us that you intend to continue overseeing the operations of XXXXXX XXXTrading Ltd, ************* Ltd and XXXXXX XXX Partners LLP, rather than genuinely intending to undertake your sponsored role as per SW 14A.1.(a).
We also note that the responsibilities associated with the ownership and directorship of three separate entities require significant commitment, and it is therefore not rational to claim that you will work full-time for a separate entity while maintaining financial interest in the success of three of your own businesses. This presents a clear conflict of interest, which further undermines your assertion that you genuinely intend to fulfil your sponsored role.
For these reasons, your application has been refused under SW 14A.1(a).
Please note, on this occasion we have not carried out full verification checks on the documents you submitted or the statements that you have made on your application form, as your application falls for refusal on other grounds as outlined above. However, UK Visas and Immigration reserves the right in future to request independent third-party verification of any piece of supporting documentation that you provided with this application or will provide in any future application or any statements that you have made or will make in connection with this or any future application.
If you hold a Biometric Residence Permit (BRP) which is no longer valid, either because your right to remain has expired or it has been superseded by a further grant, you must now return it to the Home Office. You should cut the card into quarters and post it in a plain, windowless envelope. If you are returning the BRP from within the UK then please send it to: BRP Returns, P.O. Box 195, Bristol, BS20 1BT. If you are returning the BRP from outside of the UK please send it to: BRP Returns, Home Office, Conference House, Conference Avenue, Portishead Office Park, Portishead, Bristol. BS20 7LZ. You may be subject to a financial penalty of up to £1,000 if you fail to return your old BRP.
If your BRP is lost, stolen or damaged you must tell the Home Office or risk a financial penalty. Details about reporting lost, stolen or damaged BRPs are on our website at:
https://www.gov.uk/biometric-residence- ... en-damaged.
Next steps
You have 14 calendar days after the date on which you received this decision to apply for administrative review.
You may only apply for administrative review if you think there has been a case-working error.
Information on how to apply for administrative review, the process and the fees payable are all available online at:
www.gov.uk/ask-for-a-visa-administrativ ... -in-the-uk
The administrative review application form is available online at:
https://eforms.homeoffice.gov.uk/outrea ... dance.ofml
Immigration Health Surcharge
If you have paid it, the Immigration Health Surcharge (IHS) will be refunded:
• if you do not apply for administrative review within 14 days
• if you apply for administrative review and your administrative review is unsuccessful
Removal from the UK
You do not have to leave the United Kingdom:
• during the period in which you may apply for administrative review
• while any application for administrative review is being decided
• if you make an application for leave to remain on another basis
• if you have extant leave to enter or remain
My question is: If I switch to the Skilled Worker route, will I be eligible to apply for ILR after 2–3 months on the Skilled Worker visa by relying on (and combining) my almost 7 years already spent under the Tier 1 (Entrepreneur) route, including the time covered by Section 3C leave, under these circumstances?
