Can asylum seeker apply for skilled worker visa ?

Hello forum members My brother came in UK on student visa in January 2022 he had long legal and physical fights in Pakistan with his business partner.and therefor in July 2022 he putted application for asylum he has three kids 2 born in Pakistan and 1 born in UK ages of kids 5 year born in Pakistan, 3 year born in Pakistan and 5 months born in uk.can they apply when the child who is born in the UK and lived in the UK for 7 years will qualify for Indefinite Leave to Remain (ILR) immediately upon completion of 7 years continously residence?
Secondly Now he is got offer for skilled worker visa can he switch during his asylum claim in prosses in Scotland he had virtual interview couple of months ago.his solicitor is saying he can apply for skilled worker visa?
Any information please
Thanks

Any reply please

Faizlvmt wrote: ↑

Mon Dec 18, 2023 4:41 am

he had long legal and physical fights in Pakistan with his business partner.and therefor in July 2022 he putted application for asylum

That seems to be an incredibly weak case for asylum.

If he has the offer of a sponsored job, he should take it up. And yes, he can apply for a skilled worker visa if he meets the requirements for it.

Really thank you secret.Simon

My brother came in UK on student visa in January 2022 he had long legal and physical fights in Pakistan with his business partner.and therefor in July 2022 he putted application for asylum

As mentioned, this is a very weak reason to claim asylum. It seems your brother simply used a Student Visa to get into the UK with the intention of trying to claim asylum.

Question is, what is the expiry date of his Student visa? What is the status of his asylum claim?

he has three kids 2 born in Pakistan and 1 born in UK ages of kids 5 year born in Pakistan, 3 year born in Pakistan and 5 months born in uk.can they apply when the child who is born in the UK and lived in the UK for 7 years will qualify for Indefinite Leave to Remain (ILR) immediately upon completion of 7 years continously residence?

Only if they hold the appropriate visa, ie Private Life. Easier for the UK born child but not those born abroad.

Secondly Now he is got offer for skilled worker visa can he switch during his asylum claim in prosses in Scotland he had virtual interview couple of months ago.his solicitor is saying he can apply for skilled worker visa?

Depends on your answer regarding his student visa asked above.

Thanks cr001 his student visa expired in may 2023 but he is got ARC card and got 20 hours right to work

To switch to skilled worker visa

Eligibility
You must meet the following requirements:

your job meets the eligibility requirements
you can speak, read, write and understand English
If you’re currently in the UK on a Student visa, you must also meet one of the following requirements:

you have completed the course you were sponsored to study
your job start date is after your course has finished
you have studied for a PhD for at least 24 months

Currently he is technically without formal leave pending his asylum claim being processed. It is a no man’s land where he has the right to remain pending the outcome of his claim, a limited right to work and the benefit of free access to the NHS.

I can’t find any official information that states asylum seekers are prevented from applying for a skilled worker visa.