ILR refused, switching to the Skilled Worker route

The moment you submit a Skilled Worker visa application your AR ends as does you section 3c protection.

You need at least 1 month on skilled worker visa as you need a payslip and corresponding bank statement for ILR.

Frkhan wrote: ↑

Mon Sep 08, 2025 3:50 pm

Thank you very much @zimba for confirming. My current plan is as follows; could you please confirm if this is correct?

1: Submit an Administrative Review (primarily to maintain lawful status).
2: Switch to the Skilled Worker route within the following week.
3: Apply for ILR under the Skilled Worker route as soon as I obtain Skilled Worker status (around one week later).

As advised, you cannot apply for a new application while having a pending AR unless it is withdrawn.

zimba wrote: ↑

Mon Sep 08, 2025 4:46 pm

Frkhan wrote: ↑

Mon Sep 08, 2025 3:50 pm

Thank you very much @zimba for confirming. My current plan is as follows; could you please confirm if this is correct?

1: Submit an Administrative Review (primarily to maintain lawful status).
2: Switch to the Skilled Worker route within the following week.
3: Apply for ILR under the Skilled Worker route as soon as I obtain Skilled Worker status (around one week later).

As advised, you cannot apply for a new application while having a pending AR unless it is withdrawn.

Yes, you are right. Will AR withdrawn automatically during or while switching application?

A new application implies that you are intending to withdraw the AR. You cannot have an application while under Section 3C. So section 3C has to come to an end to allow the new application to proceed. Hence, the UKVI assumes that the AR is withdrawn, if you apply for a new application

I have already applied for an Administrative Review (on Tier-1 Ent. ILR refusal) for myself and 4 dependants. Since then, I have secured a Certificate of Sponsorship (CoS) for a Skilled Worker (Higher Skilled) role as a Recruitment Manager/Director (1136/04) with a salary of £52,900. Given that the job is genuine, I am optimistic that the switch will be successful. However, if for any reason the Skilled Worker application is refused, what options would I have, considering that my previous Administrative Review application would be treated as withdrawn?

By applying for a new application, you become an overstayer.
If your new visa application fails, your options will be limited and you no longer can benefit from paragraph 39E to maintain continuous residence

Question:

I was granted UK entry clearance under the Tier 1 (Entrepreneur) route on 15/09/2018, with a BRP valid until 16/03/2024.

Before my BRP expired, I applied for ILR and was therefore covered by Section 3C leave. My ILR application remained pending for 17 months and was eventually refused on 02/09/2025. All of that 17-month period was spent under Section 3C leave.

On 09/09/2025, I applied for an Administrative Review, which means I am once again under Section 3C leave.

Now, I am planning to switch from Tier 1 (Entrepreneur) to Skilled Worker this month.

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?

Yes

zimba wrote: ↑

Thu Sep 11, 2025 5:49 pm

Yes

Thank you very much @zimba. I always find your advice to be factual and helpful. Could you please confirm whether the period I spent on Section 3C leave (after my BRP expired) will not be considered a gap between routes? I would be grateful if you could kindly review my previous question once more. Thanks again.

The gap is ignored as per paragraph 39E

As mentioned in my previous post, I have submitted a switching application to the Skilled Worker route using the priority service. Yesterday, I received the following message.
Based on other members’ experiences, how long does it usually take to get a decision considering this type of email & under priority service?

"Thank you for your application for permission to stay in the UK.

Although we would normally decide your application within 5 working days from the date that your biometrics were enrolled, unfortunately this is not going to be possible in your case.

This is because your application raises exceptionally complex issues, and we require further time to consider your case thoroughly and reach a decision.

I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible.

Please note it may not be possible to make a decision within service standard in this instance.

Thank you,

UK Decision Making Team"

We cannot tell you how long this going to take. Probably several weeks

Thank you very much, i 'll keep you posted here about the decision and time.
Appreciated

Frkhan wrote: ↑

Tue Sep 23, 2025 9:23 am

As mentioned in my previous post, I have submitted a switching application to the Skilled Worker route using the priority service. Yesterday, I received the following message.
Based on other members’ experiences, how long does it usually take to get a decision considering this type of email & under priority service?

"Thank you for your application for permission to stay in the UK.

Although we would normally decide your application within 5 working days from the date that your biometrics were enrolled, unfortunately this is not going to be possible in your case.

This is because your application raises exceptionally complex issues, and we require further time to consider your case thoroughly and reach a decision.

I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible.

Please note it may not be possible to make a decision within service standard in this instance.

Thank you,

UK Decision Making Team"

Question:
My Skilled Worker visa was refused within the UK (it was a switch from Tier 1 (Entrepreneur) to Skilled Worker). I am now applying for an Administrative Review (AR).

I understand there’s no fixed processing time, but could anyone please share the average time for AR decisions under the Skilled Worker route, based on recent experiences?

Thanks in advance!

It is better to share why your application was refused.

AR can take between 6 and 12 months. Note that AR is intended for you to show that the UKVI made an administrative error while deciding your application. If you failed to qualify for the visa and did not meet the requirements, then the AR will not do anything

https://www.gov.uk/ask-for-a-visa-administrative-review