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Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

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

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dpmwriter
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Joined: Tue Mar 12, 2019 9:15 pm
United States of America

Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

Post by dpmwriter » Tue Mar 12, 2019 9:56 pm

Hi...new to this board. My apologies if this question has already been asked and answered and I'm just not finding the relevant thread.

My wife and I have been in the UK since mid-2015. She holds a Tier 2 ICT visa and I am the dependent. Our five years will be up in mid-2020, after which we will face a 12-month cooling off period before we can apply for a new UK visa. It would appear that a Tier 4 student visa might be a way to avoid turning into nomads (in other words, no cooling off period).

But I have questions. Specifically:

Q1: If I were to secure a place in a masters degree program at an accredited UK university (a viable option), could I apply for a Tier 4 student visa?

Q2: If I were to secure a Tier 4 student visa, could my wife apply for a Tier 4 dependent visa and then continue working in the UK, perhaps for a different employer?

Q3: Could all of the above be done within the UK? Or must we apply from our home country?

Q4: Is it correct that, in this scenario, we would not be subject to a cooling off period?

Q5: After I've earned my degree in 12-16 months, could my wife and/or I then seek employment in the UK via sponsorship for a Tier 2 general visa?

Thanks in advance for any clarity you can bring to this matter. The Home Office rules can be very confusing, which I guess explains the existence of this board.

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

Re: Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

Post by sah10406 » Wed Mar 13, 2019 7:13 am

Yes to all.

Re (5), any switch from Tier 4 dependant to Tier 2 could only be done in your home country.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

dpmwriter
Newly Registered
Posts: 5
Joined: Tue Mar 12, 2019 9:15 pm
United States of America

Re: Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

Post by dpmwriter » Wed Mar 13, 2019 9:38 am

Thank you, sah10406. That’s very good news. Greatly appreciate your reply

keziaJ
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Joined: Thu Apr 04, 2019 11:02 am

Re: Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

Post by keziaJ » Thu Apr 04, 2019 5:55 pm

The questions and answers are very clear and it’s very useful, thank you so much and its very useful.

Could you/someone please provide additional clarity with reference to Q5.

Is that cooling period of 12 months is still applicable for Tier 4 dependent who has switched over from Tier2 ICT (main applicant) . In case if Tier 4 dependent get any job and sponsorship are they allowed to switch over to Tier General within 12 months from the date he/ she switched from Tier 2 ICT visa (main applicant).

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

Re: Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

Post by sah10406 » Thu Apr 04, 2019 6:36 pm

keziaJ wrote:
Thu Apr 04, 2019 5:55 pm
Is that cooling period of 12 months is still applicable for Tier 4 dependent who has switched over from Tier2 ICT (main applicant) .
Yes. See paragraph 245HD(k) of the immigration rules:

(k) [T]he applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application...

https://www.gov.uk/guidance/immigration ... sed-system
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

keziaJ
Newly Registered
Posts: 2
Joined: Thu Apr 04, 2019 11:02 am

Re: Switch from Tier 2 ICT to Tier 4 Student without cooling off period?

Post by keziaJ » Tue Apr 09, 2019 9:30 pm

Thank you so much for your response

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