Tier 4 to Tier 2 - switching during continuous leave

Hello everyone!

I have some questions about switching from Tier 4 to Tier 2.

I'm currently studying a professional qualification course while holding a Tier 4 student visa. I've recently received a job offer to start after completion of my current course. According to the Tier 2 Policy Guidance, professional qualifications cannot be used to switch into Tier 2. However, during my previous Tier 4 leave, I have completed and been awarded a UK university degree.

The Tier 2 Policy Guidance states that:
- “You must have successfully completed and passed a UK recognised bachelor’s or master’s degree... during your current period of leave or a period of continuous leave which includes your last grant of leave”

My questions are:
1. Since there's no gap time between my previous and current Tier 4 visas (making them a period of continuous leave?), I assume I can apply to switch into Tier 2 based on my previous degree, despite the ineligibility of my current professional qualification course?

2. If yes, I assume I wouldn't have to wait after I complete my current course to make the application, as long as I can provide the degree certificate of my completed degree?

3. I applied for my current Tier 4 from my home country - so not an "extension" but a fresh grant of leave independent from my previous Tier 4 - I guess this would not affect them being "continuous", given that there's no gap time between the two visas?

4. Assuming other requirements are met, my employer would be exempt from undertaking a RLMT, as I'm switching into Tier 2 as a Tier 4 student migrant?

Could you please confirm if my assumptions above are correct? Many thanks!

It is OK to use previous UK degree (during continuous leave) to apply as I was in a similar situation. My only difference from you was that I applied for all my visas from inside the UK (Tier 4 "degree" -- Tier 1 PSW -- Tier 4 "professional diploma")-- Tier 2 General). My employer was exempt from RLMT

UKLL wrote: ↑

Thu Nov 16, 2017 7:51 pm

It is OK to use previous UK degree (during continuous leave) to apply as I was in a similar situation. My only difference from you was that I applied for all my visas from inside the UK (Tier 4 "degree" -- Tier 1 PSW -- Tier 4 "professional diploma")-- Tier 2 General). My employer was exempt from RLMT

Thank you so much for sharing your experience! It's some relief to know that my previous degree can be used

Do you mind me asking if you applied to switch into Tier 2 during your professional diploma course or after its completion? Were transcript and certificate for this course also required as part of the application materials?

emirose wrote: ↑

Thu Nov 16, 2017 9:19 pm

UKLL wrote: ↑

Thu Nov 16, 2017 7:51 pm

It is OK to use previous UK degree (during continuous leave) to apply as I was in a similar situation. My only difference from you was that I applied for all my visas from inside the UK (Tier 4 "degree" -- Tier 1 PSW -- Tier 4 "professional diploma")-- Tier 2 General). My employer was exempt from RLMT

Thank you so much for sharing your experience! It's some relief to know that my previous degree can be used

Do you mind me asking if you applied to switch into Tier 2 during your professional diploma course or after its completion? Were transcript and certificate for this course also required as part of the application materials?

I applied for Tier 2 after I completed the course because the job relied on the professional qualification of the Course. I did not include the certificate because I did not have it at that time. I think I included a confirmation of letter saying that I have successfully completed the Course. I can't recall if I have included the transcript.

UKLL wrote: ↑

Thu Nov 16, 2017 10:30 pm

emirose wrote: ↑

Thu Nov 16, 2017 9:19 pm

UKLL wrote: ↑

Thu Nov 16, 2017 7:51 pm

It is OK to use previous UK degree (during continuous leave) to apply as I was in a similar situation. My only difference from you was that I applied for all my visas from inside the UK (Tier 4 "degree" -- Tier 1 PSW -- Tier 4 "professional diploma")-- Tier 2 General). My employer was exempt from RLMT

Thank you so much for sharing your experience! It's some relief to know that my previous degree can be used

Do you mind me asking if you applied to switch into Tier 2 during your professional diploma course or after its completion? Were transcript and certificate for this course also required as part of the application materials?

I applied for Tier 2 after I completed the course because the job relied on the professional qualification of the Course. I did not include the certificate because I did not have it at that time. I think I included a confirmation of letter saying that I have successfully completed the Course. I can't recall if I have included the transcript.

I see. Many thanks for your answer - very helpful information

Can you please advise what was the final outcome for you? Were you able to secure the visa?

I am in a similar situation and was looking for the advise.

I completed my Masters on tier 4 visa from UK recognised HEI and then I got new tier 4 visa within 10 days of expiry of my last visa to pursue my PhD. My tier 4 leave to remain was issued in U.K. and it immediately followed the previous tier 4 visa. I now need to switch my tier 4 visa to tier 2, however I have not completed 12 months towards my PhD yet. All other conditions are met.

Is it possible to switch from tier 4 considering the completed masters course during the period of continuous leave?