T2 application after DES T4 administrative review refusal, eligibility to work

[leihongchi]

Hi,

I have previously applied visa extension in UK through doctorate extension scheme (DES) T4 (submitted on 14th Aug) before my former general T4 visa expired (7th Sep). On 26th Oct, I received a refusal decision. I then submitted my administrative review on 7th Nov and I am waiting for a result.
I am currently working as a short-term research associate, started 25th Sep, where my eligibility to work was checked by university HR assistance with UKVI before enrolment.
Just in case the review is negative. I will have to re-apply through T2 within 14 days. Because the current contract does not meet £30K requirement, I will need to update it (employer agreed to give a rise).

May I first confirm one issue:
Considering I am still in the same process (T4 extending to DES T4), although it comes to an AR stage after refusal, I am still eligible to work, until 14 days after receiving a negative result of AR (if, hope not…), when section 3C leave comes to an end and I become an overstayer. Please correct me if I am wrong.

May I ask two questions:
1. Will it be a problem if I make my T2 application after the starting date of my new contract?
I am asking this because I want to get my contract updated ASAP to be prepared, especially, an AR decision is expected to come shortly before Christmas closure. But if an application must be made before contract starting date, I then have to update my contract immediately after receiving the AR decision, or get it updated but with a future starting date, say Jan 2018. But, this leads to another question:
1.1. Will I be allowed complete my old contract with T2 application submitted using updated contract (same university same position)?
For example, if I receive a refusal decision on 5th Dec and go make T2 application on 7th with my new contract starts on 1st Jan, am I allowed to complete my old contract finishing 31st Dec?

2. Will I be eligible to work under my updated contract after T2 application submission?
Will my eligibility to work change, after refused for DES extension and re-applying for T2? I mean, after I submit my T2 application, will I be allowed to work, or I have to wait until a positive decision to start?

Many thanks

Hongchi

[Paul1990]

Can I ask why your doctorate extension visa was refused?

[CR001]

Can I ask why your doctorate extension visa was refused?

Kindly refrain from tagging onto old topics.


uk-tier-4-student-visas/des-refusal-can ... l#p1555819