Admin Review for T1E Extension

[smartbuddy82]

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.

[marcnath]

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

[vinny]

2) His AR will cease to be pending.

[smartbuddy82]

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]

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

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.

[marcnath]

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.

[smartbuddy82]

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.