ILR Refused (Tier 1 Entrepreneur – Job Creation Issue) → Can I Switch Without Resetting ILR Clock?

[CR001]

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.

[zimba]

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As advised, you cannot apply for a new application while having a pending AR unless it is withdrawn.

[Frkhan]

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As advised, you cannot apply for a new application while having a pending AR unless it is withdrawn.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 Will AR withdrawn automatically during or while switching application?

[zimba]

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 Hence, the UKVI assumes that the AR is withdrawn, if you apply for a new application

[Frkhan]

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refused, what options would I have, considering that my previous Administrative Review application would be treated as withdrawn?

[zimba]

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

[Frkhan]

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?

[zimba]

Yes

[Frkhan]

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.

[zimba]

The gap is ignored as per paragraph 39E