AR Refusal - Immigration bail - options left?

[pareekroopal]

Hi All,

Here is my brief:
- Was on Sole rep visa and applied for extension , refused , reason for refusal - major contracts of business outside UK , while company has substance with
- Applied for AR , which is also refused on similar ground

As the AR refusal just say Immigration bail no right to work , what are my options and can i apply for a Skilled worker visa or any there Route while inside the country or its mandatory to go out now. How many days we have to exit , letter is silent on that. My wife employer may agree to offer her sponsorship , but can she apply for skiller worker visa from UK or she has to go outside.
Thanks,
ST

[secret.simon]

can i apply for a Skilled worker visa

That's straightforward. You can't switch to a Skilled Worker visa if you are on immigration bail. Neither can your wife if she is on immigration bail. The Rules explicitly state that a person on immigration bail can't switch to a Skilled Worker visa.

My wife employer may agree to offer her sponsorship , but can she apply for skiller worker visa from UK

What is your wife's current immigration status? if her visa has either lapsed or been curtailed or she is on immigration bail, she can't switch to a Skilled Worker visa from within the UK.

If she is still on a valid visa, she may be able to switch to a Skilled Worker visa within the UK.

[pareekroopal]

My wife was on dependent visa so her status is same as mine as of now. She works for a Big bank in UK on a critical and senior position with 6 figure salary and Finally today she is been advised by their Legal and compliance that they will sponsor her in skilled worker route it will be filled from outside UK not within. On a safer side they have advised to file only for her and my son as dependent. Do you think she is been advised best in the current circumstances. what are the chances

[secret.simon]

her status is same as mine as of now

So is she also on immigration bail? If yes, she can't switch to Skilled Worker visa from within the UK either.

today she is been advised by their Legal and compliance that they will sponsor her in skilled worker route it will be filled from outside UK not within.

That chimes with what I mentioned above.

On a safer side they have advised to file only for her and my son as dependent.

It may be worth asking the legal team why she should not sponsor you at the same time.

As an aside, keep in mind that your and her ILR clocks will restart from zero when she returns on a Skilled Worker visa and you return as either her dependent or on a Skilled Worker visa of your own.

She can't combine time spent as a dependent and as a Skilled Worker for an ILR application. Conversely, you can't combine time on your previous visa and as a dependent either.

[pareekroopal]

Thanks, Finally my wife Legal and compliance said its better to fill for all of us together where she will be main applicant and me and my son will be dependent. it will be done from outside UK from India.

We are thinking of exiting the country on 13th Feb , rcvd the AR refusal on 4th Feb. Are we compliant as we left withing 14 days as the AR rejection does not say anything abbot number of days.

[secret.simon]

We are thinking of exiting the country on 13th Feb , rcvd the AR refusal on 4th Feb. Are we compliant as we left withing 14 days as the AR rejection does not say anything abbot number of days.

I do not know much about the laws and rules on how quickly one needs to leave the UK after an AR refusal. I will leave it to others to comment on that point.