Can I switch from track 4 (peer review) to track 1(academic position) during the endorsment phase ?

[mohsamir2016]

Dear All,
I have applied for the endorsement phase of the global talent VISA (peer-review) and still waiting the decisions from Royal Society, but have not yet applied for the VISA itself, then I received an offer from university as a lecturer. As I would like to start as soon as possible that new position, can I switch from this track (peer review) to another track (track 1, academic position? ) while I am still awaiting for decision ? How long does it usually take for the peer review track to get a decision ?

Thanks

[lolo2]

You only will be able to apply for a GT visa after you get endorsement, not before.

I don't think it's possible to "switch" from one endorsement route to another, simply because every route has specific requirements.

If you want to submit a second endorsement application under a different route in parallel with the first one, you might need to contact the Royal Society to check whether this is possible. Someone asked this before here on the forum but the available guidance from the endorsing bodies doesn't mention this situation.

Also confirm with the University that they will support your application for endorsement under route 1 - you need a statement of guarantee from HR. Some HEIs do not provide this support for a GTV application straight away for new staff but a CoS to apply for a Skilled Worker visa instead.

[mohsamir2016]

Thanks so much for detailed response. I was expecting this, will contact royal society then..

[Frontier Mole]

If the lecturer role is a general employment position then you need to apply under the skilled worker route.

[mohsamir2016]

Dear,
Just a general question: what will be the case if the Royal society did not endorse my application, remembering that my original skilled worker VISA (from which I was planning to switch to GTV) expired already and I have not applied for the GTV stage 2 yet ? specifically, Can I then apply from inside the UK to a new skilled worker VISA or I must apply for skilled worker VISA from outside the country, just as a new application (VISA) ?

[lolo2]

You have to submit an application for either a visa extension or a new visa (GTV, SWV, etc) before the current one expires. An endorsement application is not a visa application, you're not protected under section 3C to extend your leave at this stage.

Not sure who is your current sponsor/employer but you cannot work with an expired visa either - unless you have a pending visa application (awaiting decision), which is not your case. You might need to leave the UK and submit a fresh application.

[mohsamir2016]

Thanks for your reply. I actually thought his, but could you advise on what do you think if I in this case one apply for GTV, and then while it is under processing, apply again for SWV to join the new employer . I would assume the SWV will cancel the GTV and might be processed normally ?
Anyhow, by asking an immigration advisor he told me that after your endorsement got rejected, you need to apply for a new VISA (as you mentioned) within 28 day of this rejection, and you will not be considered overstayed. Probably, I am not sure, but I think there is a link now between this time window to the 28 days during which a rejected applicant could submit an appeal for the rejection. Indeed, I can find on the government website clearly that the appeal application is not granting valid stay, but I can not find any document from the government saying that the endorsement application, with no VISA, is not extending one's stay in the UK. I also would like to mention that when I submited that endorsement, I moved flats, and the new landlord inquired with the home office to check my allowance to rent, and we received a letter saying I can rent in the UK given the unique number of the endorsement application. How this all come together?

[Frontier Mole]

The questions you need to have answers to
Then did your previous visa expire - from that point on you have been in the U.K. without valid leave.
If that is more than 14 days then you have entered into the period where a GTV or SWV will be refused for overstaying.

Considering the answers to the above - if you are beyond 14 days then it is a pointless exercise applying for a visa while in the U.K.

The next point - if you leave the U.K. to apply for your role as a lecturer then your employer will need a DCOS. That will take time to apply and be granted. The second issue with that will be increase in the threshold of salaries after 4th April. The education sector is not impacted as much however the employer will have to meet the increase for the sector. Hopefully your potential salary as it stands is above the new threshold.

The idea of applying for GTV and then varying it to SWV is a non-starter as the overstaying rule is applied regardless in both cases.

[mohsamir2016]

Ok, Got it... Could you comment on the point of having allowance to rent while my endorsement is under processing? Also, Can you provide a government document saying that the endorsement application is not extending ones stay in the UK ? just for my record.

[Frontier Mole]

Extend your visa

You can usually apply to extend your stay in the UK if either:

you applied for the Global Talent visa based on an endorsement, and the organisation that endorsed you has not withdrawn its approval
you applied for a Global Talent visa based on an eligible award you won, and the award has not been withdrawn
You must be able to show that you earned money in your expert field during your time in the UK by sending evidence toward your application, for example payslips.

Your partner or children will need to apply separately to extend their visa. They can either apply at the same time as you, or at any time before their current visa expires.

You should apply before your current visa expires.

[Frontier Mole]

No idea about the right to rent side of things.

[lolo2]

Anyhow, by asking an immigration advisor he told me that after your endorsement got rejected, you need to apply for a new VISA (as you mentioned) within 28 day of this rejection, and you will not be considered overstayed. Probably, I am not sure, but I think there is a link now between this time window to the 28 days during which a rejected applicant could submit an appeal for the rejection. Indeed, I can find on the government website clearly that the appeal application is not granting valid stay, but I can not find any document from the government saying that the endorsement application, with no VISA, is not extending one's stay in the UK. I also would like to mention that when I submited that endorsement, I moved flats, and the new landlord inquired with the home office to check my allowance to rent, and we received a letter saying I can rent in the UK given the unique number of the endorsement application. How this all come together?

The immigration advisor is giving you incorrect advice.

An endorsement is not a visa and it's not extending your leave. The application for an endorsement is made first and once approved then we submit a separate application for a GT visa.

If an endorsement application is refused, one can ask for a review within 28 days after getting a decision if we consider that the endorsement application was not properly assessed. That's not an appeal - different things. But even if you qualify for this review process, it does not extended your leave.

There is a section within the GTV guidance clearly mentioning this:

When you can ask for a review

You need to request the review within 28 days after you get the decision.

If your permission to stay in the UK is about to expire, applying for an endorsement review will not extend it.

The rent thing is somehow irrelevant giving your circumstances. If you're staying in the UK with an expired visa - and without a pending visa application (submitted in-time) - you're an overstayer. Also consider that every day that you stay without a valid status will make more difficult any future visa applications.

[mohsamir2016]

When you can ask for a review
You need to request the review within 28 days after you get the decision.
If your permission to stay in the UK is about to expire, applying for an endorsement review will not extend it.

I agree, but I assume, here they are talking about the endorsement review (what I called appeal), not the endorsement application, which is a part of the GTV application (stage 1). When the home office checked the rent, I was on the endorsement application (no VISA), and they returned a letter saying I have right to rent, based on the unique reference number given to me when I apply for that endorsement. How Do I have right to rent and is eligible to stay ? Just surprised !