Job offer while waiting for T1 enterpreneur appeal

[itk]

Hi all,
Hope you guys are all having a great time. Just a quick one, my entrepreneur visa was refused and I have since appealed the decision though the hearing date has not been confirmed. while waiting for my appeal, I got a call from a recruiter for a permanent role and did the interview and was successful.
my question now is, will I be able to apply for a Tier 2 since my visa expired in Feb and HO has retained my passport pending when the hearing on the appeal will be concluded.
please I will really need all your expert opinions and advice on this issue because the company has offered to assist in the visa application.
many thanks