PlEASE HELP: Student to Skilled worker Visa

[Yarabb]

I am a PhD student on a student visa. I have spent more than 24 months studying my PhD.

Currently, i am switching to skilled worker visa. I was outside the UK for the last 103 days (except for one week I came back to the UK) I had severe oral infection and needed frequent dental treatment. All started in April when I went for my annual break then at the end I started having lots of dental issues. I was in constant pain and couldn't eat thus I stayed outside the UK while to continue my treatment. I later came back to the UK to finish some of the on-boarding tasks and went back to finish the last stage of my dental treatment.

My supervisor was aware that this issue, we had online meetings, was engaged in all my studies mainly writing my thesis, and I recorded our engagement with our educational officer.

Now, I was not aware that I need to inform the visa and compliance team and in turns they inform the UKVI as I changed my study location/ was abroad for too long.

Will my skilled worker visa application be rejected? What do I do? I worked very hard to secure this job. I am too worried to inform the university then they will notify the UKVI and things just get bigger? what do I do?

PLEASE HELP ME

[sah10406]

Will my skilled worker visa application be rejected?

What aspect of validity or eligibility for the Skilled worker visa are you concerned about exactly?

[Yarabb]

Thank you for your response. I do fulfil all the eligibility criteria for the skilled worker visa.

The issue is my student visa.

I am very concerned as I spent long time abroad. My supervisor was aware that this issue, we had online meetings, was engaged in all my studies mainly writing my thesis, and I recorded our engagement with our educational officer.

I was not aware that I need to inform the visa and compliance team and in turns they inform the UKVI in 10 days of change as I changed my study location/ was abroad for too long.

I am afraid the HO will consider me non-compliant and therefore reject my future application (Skilled worker).
Not sure what to do? If I go to the Uni Visa and Compliance team, they may escalate it to the UKVI and things get complicated.

Thank you

[sah10406]

I was not aware that I need to inform the visa and compliance team and in turns they inform the UKVI in 10 days of change as I changed my study location/ was abroad for too long.

It sounds like this is a university requirement. I advise you get advice from the international student adviser at the university.

[Yarabb]

Thank you so much for your help. I am too worried that the visa team will inform the UKVI. If I submit my skilled worker visa and it gets rejected, can I apply for an appeal based on medical background and not knowing the immigration rules?

[vinny]

I doubt that not knowing the rules is an excuse.

[vinny]

Conversely….
Some caseworkers may irrationally treat knowing the rules as a means of circumventing them.

[sah10406]

I am too worried that the visa team will inform the UKVI.

So what if they do? The worst that can happen is that your Student visa will be curtailed to 60 days. You plan to switch to a Skilled worker visa well before then anyway.

If I submit my skilled worker visa and it gets rejected, can I apply for an appeal based on medical background and not knowing the immigration rules?

I don't understand why you think it would be rejected (or refused, if that's what you mean), hence my questions which you did not answer. Unless you can be specific about which criteria for validity or eligibility for a Skilled worker visa you fear your application would not meet, or what concerns your sponsor employer has about the application, if any, there is no point in just repeating that you think it will be rejected.

[Yarabb]

I genuinely don't know the full student visa rules. I am asking for a genuine advice as I am not sure what to do. Submit my skilled worker application and wait for the response and ask for an advice from the visa team at my uni (who will inform the UKVI about me staying longer than 60 days outside the UK). I have been living here for sometime and I have always followed the rules, worked so hard to secure this job. I am not sure what to do honestly.

[Yarabb]

Thank you so much for your response. To answer your question. I do fulfil the eligibility criteria for the skilled worker visa. I am concerned if I seeked help from the compliance team things get complicated as they will inform the UKVI about the breach and this will affect my skilled worker visa application outcome.

[sah10406]

I am concerned [...] this will affect my skilled worker visa application outcome.

You keep saying this but not why or how or under what rule or requirement you think it could be affected.

This discussion is going in circles. If you are concerned about your Skilled worker application, I recommend you ask ask your sponsor employer for advice.

[vinny]

See also your student conditions. Just don’t travel now.