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Switching from Tier 2 to Tier 4

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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green599
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Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Switching from Tier 2 to Tier 4

Post by green599 » Tue Aug 09, 2016 11:28 am

All,

I need some help regarding my Visa Extension, my Tier 2 G Visa extension got refused in Jun 2016 due to not meeting the appropriate salary requirements for the experienced worker.
My visa is valid till December 2016, I have decided to get admissions in MSc starting from January 2017. I have applied in a University and my application has passed the immigration section from university and it’s with the admission office now.
Will I get a visa If the university allocates me the CoS/CAS ?
Is my Tier2 Refusal will be a problem in getting a Tier 4 Visa even if I meet all the requirements for Tier4 Visa?
I am worried if my Tier2 G refusal can be an issue.
Any suggestions?

Cheers

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Tue Aug 09, 2016 11:51 am

Are you still working in your Tier 2 job?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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Frontier Mole
Respected Guru
Posts: 4344
Joined: Mon May 05, 2008 11:03 pm

Re: Switching from Tier 2 to Tier 4

Post by Frontier Mole » Tue Aug 09, 2016 1:02 pm

The questions you will face will revolve round your genuine student status. Given your previous working period under T2 and the obvious failed attempt to extend it; that will all point towards a question as to the reasons you wish to return to study.

A University issued CAS would normally put you most of the way to getting a visa however given your immigration history there will be more barriers to success.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Tue Aug 09, 2016 2:55 pm

Yes, I am still on the Tier 2 Job, I have new CoS after the refusal but I won’t match the minimum salary requirement so I didn’t applied again. My Employers want to keep me but they can’t do anything in this situation.
I know refusal a big issue but my study record is very clean. I have Hons degree from a reputed university and it’s the same university where I have applied for the MSc degree (admissions in process).

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Tue Aug 09, 2016 3:01 pm

I agree that your credibility will probably be scrutinised closely. You (and your employer) must have known that your Tier 2 application would not succeed, so the failed Tier 2 application plus the current Tier4 application could give the impression that your main motivation is to stay in the UK. It's not fatal for your application, just good to be prepared for the caseworker having that idea about you. Your Tier 4 sponsor can advise specifically about credibility.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: Switching from Tier 2 to Tier 4

Post by Greenie » Thu Aug 18, 2016 7:30 am

have you told thr university about the tier 2 refusal ?

green599
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Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Mon Aug 29, 2016 10:45 am

Greenie wrote:have you told thr university about the tier 2 refusal ?
University never asked aout the refusal,


I have been offered a MSc course by University, the starting date of the course is 23rd January 2017.

I am planning to apply for the Visa in Mid-November sometime.

Do I have to go back to my country (PK) and apply Visa from there? or can I get extension without leaving the country?

Does anyone knows how it’s going to work?

Thanks in advance.

Cheers

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Mon Aug 29, 2016 10:47 am

green599 wrote:Do I have to go back to my country (PK) and apply Visa from there? or can I get extension without leaving the country?
[Advice deleted and amended after you gave new information below]
Last edited by sah10406 on Mon Aug 29, 2016 10:59 am, edited 1 time in total.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Mon Aug 29, 2016 10:54 am

Thanks for the quick reply,

I was woried becoz my visa expires on First Week of Dec 2016 and my course starts 23rd January 2017, there is almost 6 weeks between the expiry of current visa and the course start date.

I know I can apply 3 months before the starting date of my course but not sure if I can apply it from the UK in Nov due to the visa exory in early Dec 2016

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Mon Aug 29, 2016 10:56 am

green599 wrote:I was woried becoz my visa expires on First Week of Dec 2016 and my course starts 23rd January 2017, there is almost 6 weeks between the expiry of current visa and the course start date.
In that case, you definitely cannot make your Tier 4 application in the UK, only in your home country.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Mon Aug 29, 2016 11:08 am

OK,
I am in UK for 9 years, is going back home can effect my Long residency ?

sah10406
Diamond Member
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Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Mon Aug 29, 2016 11:12 am

green599 wrote:OK,
I am in UK for 9 years, is going back home can effect my Long residency ?
I don't know. That's a question for the ILR board.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Mon Aug 29, 2016 11:15 am

Thanks sah10406 , you been very helpful..

Cheers

fv1
Junior Member
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Re: Switching from Tier 2 to Tier 4

Post by fv1 » Tue Aug 30, 2016 11:54 am

YOU DONT NEED TO GO BACK, YOU CAN APPLY IT FROM HERE JUST MAKE SURE YOU HAVE VALID CAS FROM YOUR UNIVERSITY AND YOUR BANK STATEMENT SHOULD BE MAINTAINED TOO.

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Tue Aug 30, 2016 12:09 pm

fv1 wrote:YOU DONT NEED TO GO BACK, YOU CAN APPLY IT FROM HERE JUST MAKE SURE YOU HAVE VALID CAS FROM YOUR UNIVERSITY AND YOUR BANK STATEMENT SHOULD BE MAINTAINED TOO.
I think you must have missed the information that the new course starts more than 28 days after the end of the current leave. This in itself means the application can only be in OP's home country.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

noajthan
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Location: UK

Re: Switching from Tier 2 to Tier 4

Post by noajthan » Tue Aug 30, 2016 6:13 pm

fv1 wrote:YOU DONT NEED TO GO BACK, YOU CAN APPLY IT FROM HERE JUST MAKE SURE YOU HAVE VALID CAS FROM YOUR UNIVERSITY AND YOUR BANK STATEMENT SHOULD BE MAINTAINED TOO.
- and kindly stop SHOUTING.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Wed Sep 07, 2016 8:11 am

Guys,

Some update regarding my case and some questions,

Immigration department of my university have accepted my application and they have issued me an unconditional admissions letter after the fees deposit for this September session (couple of weeks ago I was sure that I was too late September session but that’s not the case) . I am waiting for my CAS now. According to the admission office they will keep issuing CAS till 12 sept 2016.

Question is that the application procedure is online and they do ask some question like if you ever been refused entry into UK or any other country.
As you guys know that my Tier 2 G Extension was refused in Jun 2016, does this comes in category of refusal entry to UK?
Does anyone know about it?

Thanks in advance.

Cheers
Last edited by green599 on Wed Sep 07, 2016 8:25 am, edited 1 time in total.

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from Tier 2 to Tier 4

Post by sah10406 » Wed Sep 07, 2016 8:17 am

That was a refusal of leave to remain, not a refusal of entry. There is a separate question about that.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Wed Sep 07, 2016 8:20 am

OK, thanks for clarifying this, I was also thinking the same but wasn’t sure.
I am sure that I have to mention about the refusal but wasn’t 100% sure about the entry refusal.

Cheers man :) thanks for the reply.

green599
Newbie
Posts: 43
Joined: Fri Aug 17, 2012 9:28 am

Re: Switching from Tier 2 to Tier 4

Post by green599 » Fri Sep 16, 2016 3:00 pm

Guys,

As all of you were very helpful so I thought you should know the results,

Instead of going into January 2017 session I manage to get admissions in Sept 2016 session. University issued me a CAS Last week on Thursday and I booked an appointment for premium service this week.

While applying online there was no question regarding refusal of visa so I didn’t had to mention it anywhere.

I have successfully received visa which is valid till Feb 2018.

Thanks again for your help guys..

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