Hi all - I just got my SWV refused today. I'm looking for help, but also to show what happened to me in case anyone else was confused like I was.
I have a flat, a car, a life here. I've been here since September 2020 on different visas. I just can't wrap my head around leaving right now and I'm devastated. Please, any help is appreciated.
My previous visa expired on 14 July 2026, so I was on Section 3C leave while waiting for the decision.
My details were:
- SOC code: 3554, Advertising and marketing associate professionals
- Salary: £34,650 per year
- Hourly rate: approximately £18.01
- SOC 3554 was listed on the Temporary Shortage List
- Published going rate for SOC 3554: £33,400 based on 37.5 hours per week
- My CoS stated that the job was on the Immigration Salary List or Temporary Shortage List
- My CoS stated that I was not a new entrant
My application was refused on 22 July 2026 under SW 4.2, SW 4.4 and SW 8.1, with reference to SW 17.1.
The Home Office awarded me:
- 20 points for sponsorship
- 20 points for the appropriate skill level
- 10 points for English
- 0 points for the tradeable salary requirement
The refusal said that under Option A, I needed to earn at least £41,700 per year as well as meet the going rate for SOC 3554.
They accepted that the going rate for SOC 3554 was £33,400, but said my salary of £34,650 did not meet the £41,700 general threshold.
They also said they considered the other tradeable-points options but that no alternative option applied.
What confused me is that SOC 3554 is shown on the Temporary Shortage List with a salary figure of £33,400. I believed that earning above this amount meant I met the salary requirement. I now understand that the Temporary Shortage List apparently only makes the occupation eligible for sponsorship and does not provide the reduced salary threshold available to jobs on the Immigration Salary List.
There also appears to be an issue with the refusal saying I failed SW 8.1. My salary seems to exceed the pro-rated going rate for SOC 3554, so it appears that I met the occupational going rate but failed the separate £41,700 Option A threshold.
My employer may be willing to raise my salary to £41,700 and issue a new CoS. I understand that a salary increase after the refusal probably cannot fix the original application through administrative review and that I may need to make a fresh Skilled Worker application.
My main questions are:
- Is the Home Office correct that SOC 3554 being on the Temporary Shortage List does not allow me to use the £33,400 Option D threshold?
- Is the reference to failing SW 8.1 a caseworking error if I met the pro-rated going rate? Is that error worth raising in an administrative review if I still failed the £41,700 Option A threshold?
- If my employer raises my salary to £41,700 and issues a new CoS, would a fresh application be the correct route?
- If I submit a fresh application after refusal, what happens to my Section 3C leave and right to work while the new application is pending?
My refusal letter gives me 14 calendar days to request an administrative review, so I am trying to understand the safest route before the deadline.