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Admin Review for T1E Extension

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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smartbuddy82
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Posts: 37
Joined: Wed Apr 17, 2019 6:38 pm
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Admin Review for T1E Extension

Post by smartbuddy82 » Thu Aug 25, 2022 12:37 am

Hello,

A friend currently in the UK had entrepreneur visa and his extension was refused. He applied for administrative review and has been waiting for decision for more than 2 months.

1) He wishes to switch to Skilled worker visa. Can he switch to SW visa as he is waiting for the outcome of his admin Review and his T1E Visa is now expired if he finds a sponsor?

2) If he applies to switch to SW Visa, while Admin Review is pending does his ILR count resets?

3) What if he waits for the outcome of the Admin Review and it is refused, does he still get 14 days from AR refusal to apply another visa without being a overstayer or breaking 5 years ILR count?

Thank You.

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marcnath
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Location: Milton Keynes

Re: Admin Review for T1E Extension

Post by marcnath » Thu Aug 25, 2022 5:26 am

smartbuddy82 wrote:
Thu Aug 25, 2022 12:37 am
Hello,

A friend currently in the UK had entrepreneur visa and his extension was refused. He applied for administrative review and has been waiting for decision for more than 2 months.

1) He wishes to switch to Skilled worker visa. Can he switch to SW visa as he is waiting for the outcome of his admin Review and his T1E Visa is now expired if he finds a sponsor?

2) If he applies to switch to SW Visa, while Admin Review is pending does his ILR count resets?

3) What if he waits for the outcome of the Admin Review and it is refused, does he still get 14 days from AR refusal to apply another visa without being a overstayer or breaking 5 years ILR count?

Thank You.
1) Yes
2) No
3)Yes
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Admin Review for T1E Extension

Post by vinny » Thu Aug 25, 2022 6:46 am

2) His AR will cease to be pending.
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smartbuddy82
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Posts: 37
Joined: Wed Apr 17, 2019 6:38 pm
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Re: Admin Review for T1E Extension

Post by smartbuddy82 » Thu Aug 25, 2022 8:58 am

vinny wrote:
Thu Aug 25, 2022 6:46 am
2) His AR will cease to be pending.
Thanks for your time and valuable reply.

Yes that's the main worry, if he submits SW application, his AR will cease to be pending and will it break 3C and this break his ILR count or worse make him an overstayer since T1E has now expired.

If it's confirmed that he still gets 14 days after AR decision to apply for another Visa without breaking the ILR count, then maybe it's better to wait for the outcome of AR first, than to switching to SW now.

msx273
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Joined: Thu Mar 14, 2019 8:38 pm
Saudi Arabia

Re: Admin Review for T1E Extension

Post by msx273 » Thu Aug 25, 2022 12:18 pm

Hi

Lets hope your friend to get positive AR outcome, could you tell why was his extension refused as it may help other extension applicants to correct the mistake prior application

Thank you and good luck again to your friend
smartbuddy82 wrote:
Thu Aug 25, 2022 12:37 am
Hello,

A friend currently in the UK had entrepreneur visa and his extension was refused. He applied for administrative review and has been waiting for decision for more than 2 months.

1) He wishes to switch to Skilled worker visa. Can he switch to SW visa as he is waiting for the outcome of his admin Review and his T1E Visa is now expired if he finds a sponsor?

2) If he applies to switch to SW Visa, while Admin Review is pending does his ILR count resets?

3) What if he waits for the outcome of the Admin Review and it is refused, does he still get 14 days from AR refusal to apply another visa without being a overstayer or breaking 5 years ILR count?

Thank You.

User avatar
marcnath
Moderator
Posts: 6479
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Admin Review for T1E Extension

Post by marcnath » Thu Aug 25, 2022 2:43 pm

smartbuddy82 wrote:
Thu Aug 25, 2022 8:58 am
vinny wrote:
Thu Aug 25, 2022 6:46 am
2) His AR will cease to be pending.
Thanks for your time and valuable reply.

Yes that's the main worry, if he submits SW application, his AR will cease to be pending and will it break 3C and this break his ILR count or worse make him an overstayer since T1E has now expired.

If it's confirmed that he still gets 14 days after AR decision to apply for another Visa without breaking the ILR count, then maybe it's better to wait for the outcome of AR first, than to switching to SW now.
He does become an overstayer until the SW application is approved. But it does not affect the continuous period because he effectively has applied within 14 days of when the 3C protection ends (which is when the AR process ends). That is assuming the SW visa application is successful.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

smartbuddy82
Newbie
Posts: 37
Joined: Wed Apr 17, 2019 6:38 pm
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Re: Admin Review for T1E Extension

Post by smartbuddy82 » Thu Aug 25, 2022 5:12 pm

marcnath wrote:
Thu Aug 25, 2022 2:43 pm

He does become an overstayer until the SW application is approved. But it does not affect the continuous period because he effectively has applied within 14 days of when the 3C protection ends (which is when the AR process ends). That is assuming the SW visa application is successful.
Appreciate your replies, it helped clarify his doubts.

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