Undefined versus Defined Cos

[anxiousapplicant25]

Hi guys,

I am applying for jobs in universities, and I know they conduct 'right to work' checks.

I am currently on administrative review for a T1 Innovator application, and I am aware I can change to a Tier 2 while on administrative review.

However, when I try to check my immigration status and get a share code, it says that my application has been refused-- I am not sure how to confirm that I am allowed to remain in the UK while on administrative review? Has anyone ever gone through this?

[CR001]

Your ilr application was refused. Administrative review is for when UKVI have made an error, which based in your previous topic, is not the case.

indefinite-leave-to-remain/complex-appl ... l#p2118774

If you submit another application while AR is in process, it withdraws the AR.

If your visa has expired, you will have to wait for the outcome of AR before tou can do anything. Being allowed to remain in the uk duing AR is not the same as having the right to seek a new job and start working.

If your plan ia to apply for a job and a sponsored skilled worker visa, you can work for a sponsor once your skilled worker visa is granted.

[anxiousapplicant25]

Hi CR,

It was my understanding that I could get a Skilled Worker Visa and apply for this from within the UK, therefore withdrawing my administrative review and transferring it to a SKV?

[anxiousapplicant25]

Hi CR,

I just reread my post and realised it's not clear.

I am looking to get a job that offers a Skilled Worker Visa -- prior to assigning a certificate of sponsorship, I believe that any job will want to check that I am not in the UK illegally.

I am not sure of how to demonstrate this, I did try using this: https://www.gov.uk/view-prove-immigration-status but it only says that my visa was refused, no mention of AR.

I hope this makes more sense?

[Frontier Mole]

You are stuck in the middle of a system that only records an either / or response so you either have a valid immigration status or not. Where there no existing leave and there is an AR you are classed on the system as not having a valid immigration status. That will not change until the AR states otherwise.

Under AR you are basically questioning the decision but not in an appeal state. So without pursuing an appeal (if you even have a formal route to appeal) you are really asking the Home Office to review their decision with a view to an error in law and not much else. Timescales for the AR process is known to take months and antidotally relatively few cases are overturned.

Looking at your previous posts and the business that was involved, even by your own explanation, it is a big leap to suggest it is innovative and offered something not already in the marketplace. I would therefore not expect the decision to change.

There were a substantial number questionable businesses approved under the scheme and in particular by a now excluded endorsement body. Approval holds very little weight when it comes the point of ILR application. The conditions to gain ILR have to be met as per the visa requirements, if it does not regardless of the endorsing body’s views then it will not be granted.

[anxiousapplicant25]

Hi Frontier Mole,

Quick question: could you kindly confirm who this endorsing body is? I want to check if it could have been mine.

[anxiousapplicant25]

Dear administrators,

I realised my previous questions was a bit convoluted, I'd like to rephrase.

1.) I am currently on administrative review for my tier 1 in the UK. Should I find a job that sponsors me for a skilled worker visa, would I be allowed to apply within the UK and transfer to a tier 2 status?

2.) If this is possible, I take it that I would need an undefined cos as I would be applying from within the UK -- is that correct?

[Frontier Mole]

It is as cut and dried as your two questions.

Do you actually have valid leave - based on the information in your posts I am struggling to believe you do. If that is the case then technically you are an overstayer and might be outside the rules for making an application in the U.K. You need to find out what your immigration status is before an answer can be accurately given.

Part two is simpler - undefined for applications in the U.K. defined for applications outside the U.K.

[anxiousapplicant25]

Hi frontier mole,

Appreciate your response. Re: question one, I am on admin review, have called home office helpline which have confirmed that I am currently in the UK on admin review. They’ve given me the right to rent (my new landlord had to check after my visa expired), so should I be here on admin review, does that mean I can apply for a SWV? Sorry if I’m misunderstanding.

[anxiousapplicant25]

Also, just to confirm, I was offered the option for admin review in my rejection letter which I took up within the 14 day deadline.

[anxiousapplicant25]

Hi everyone,

Just because I know that I would use these boards religiously, I wanted to update you.

Applied for a skilled worker visa (in country) yesterday October 16th and received my confirmed visa today!

[majith87]

Hi everyone,

Just because I know that I would use these boards religiously, I wanted to update you.

Applied for a skilled worker visa (in country) yesterday October 16th and received my confirmed visa today!

Hi anxiousapplicant25,

Did you get your undefined CoS assigned? If it is how long it took ?. I am in same situation and my visa expires on February 16th. Please let me know, Thank you.