"Switch" into Tier 1 from inside the UK

[Aussieinuk]

Hello

In need of advice! Only recently have I become aware that the Tier 1 General will be abolished on 5 April. I understand that up until this date, this route is open to applicants within the UK. I currently reside in Australia, and plan to enter the UK under a different visa category (one of the categories where switching to the Tier 1 General is permitted) and apply for a Tier 1 General visa from inside the UK. However, I do not appear to be eligible to enter the UK under one of the visa categories listed below (i.e. I recently resigned from my job therefore do not qualify for sponsorship under Tier 2; no plans to complete further study under Tier 4).

Appreciate any advice as to strategies to enter the UK in order to "switch" to Tier 1 before 5 April. For instance, can I sign up to study in the UK under a Tier 4, then subsequently withdraw from study upon my arrival?

Cheers
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Can you switch into Tier 1 (General)?

If you are in the UK and you want to switch into Tier 1 (General), you must currently have permission to stay here in one of the following immigration categories:

Highly Skilled Migrant Programme
Innovator
Fresh Talent: Working in Scotland Scheme
International Graduates Scheme (or Science and Engineering Graduates Scheme) 
Postgraduate doctor or dentist 
Student (under the Immigration Rules in force until March 2009) 
Student nurse 
Student re-sitting an examination 
Student writing up a thesis
Work permit holder
Businessperson
Self-employed lawyer
Writer, composer or artist
any other Tier 1 category
any Tier 2 category
any Tier 4 category
dependent partner of a Tier 4 migrant

[geriatrix]

The only strategy to switch to Tier 1 (General) is to enter UK in any one of the categories listed above ... and apply for leave to remain as Tier 1 (General) migrant before 06-Apr-11.

can I sign up to study in the UK under a Tier 4, then subsequently withdraw from study upon my arrival?

Assuming it to be possible, do you think you can apply for admission at a Tier 4 sponsor, apply for EC as Tier 4 migrant, travel to UK and, finally, apply for Tier 1 (General) leave in the next .... 47 days?

As per immigration rules,

322(3) failure to comply with any conditions attached to the grant of leave to enter or remain;

322(7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;

regards

[Aussieinuk]

Assuming it to be possible, do you think you can apply for admission at a Tier 4 sponsor, apply for EC as Tier 4 migrant, travel to UK and, finally, apply for Tier 1 (General) leave in the next .... 47 days?

I think the timing is possible. Having spoken to the UKBA, I only need to have submitted my application to switch prior to 5 April.

How do you suggest I apply for admission at a Tier 4 sponsor? Can I do this from Australia?

As per immigration rules,

322(3) failure to comply with any conditions attached to the grant of leave to enter or remain;

322(7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;

Are you suggesting the above would automatically disqualify my application to switch?

[geriatrix]

Are you suggesting the above would automatically disqualify my application to switch?

IMHO, there is a risk - depending on how UKBA interprets the above mentioned clauses in the immigration rules with respect to someone entering UK as a Tier 4 migrant and making a Tier 1 (General) application within weeks / couple of months of entry in to UK.


regards

[Aussieinuk]

Any other thoughts/suggestions on this??