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What are the consequences of a refused application (tier 4 to tier 2)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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at0103131
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Joined: Sun Jul 28, 2019 7:37 pm

Switching Tier 4 to Tier 2 Visa - Bachleor's degree

Post by at0103131 » Sun Jul 28, 2019 7:46 pm

Hi,

I have a bachelor's degree from the University of Exeter (graduated 2013) and got back to the U.K to complete my MBA this year.

I have a company who offered me a job and willing to sponsor me. (I would like to start my visa process in 2 weeks)

According to the university legal department and government regulations, I am eligble to switch my visa from Tier 4 to Tier 2 with my bachelor's degree (I don't need to wait to get my marks this year), Can anyone advise as to whether it is possible to or not?

Thanks

UKLL
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Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Switching Tier 4 to Tier 2 Visa - Bachleor's degree

Post by UKLL » Sun Jul 28, 2019 8:38 pm

Yes you can

ZhengWei3
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Posts: 15
Joined: Fri May 24, 2019 8:45 pm

Re: Switching Tier 4 to Tier 2 Visa - Bachleor's degree

Post by ZhengWei3 » Sun Jul 28, 2019 9:59 pm

I think it depends if your leave is "continuous" or not. i.e. if there was a gap between your bachelors and mba.

I'm in a similar situation, I've done a bachelors and masters in the UK but left the UK so now I need to satisfy the 12 months of PhD study rule to switch into tier 2 visa with a job that starts this September. I'm also applying in the next couple of weeks so please let me know how it goes

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Switching Tier 4 to Tier 2 Visa - Bachleor's degree

Post by UKLL » Sun Jul 28, 2019 10:06 pm

ZhengWei3 wrote:
Sun Jul 28, 2019 9:59 pm
I think it depends if your leave is "continuous" or not. i.e. if there was a gap between your bachelors and mba.

No it has changed now, only PhD needs to be continuous; read the current guidance

I'm in a similar situation, I've done a bachelors and masters in the UK but left the UK so now I need to satisfy the 12 months of PhD study rule to switch into tier 2 visa with a job that starts this September. I'm also applying in the next couple of weeks so please let me know how it goes

ZhengWei3
Newly Registered
Posts: 15
Joined: Fri May 24, 2019 8:45 pm

Re: Switching Tier 4 to Tier 2 Visa - Bachleor's degree

Post by ZhengWei3 » Tue Jul 30, 2019 12:05 pm

UKLL wrote:
Sun Jul 28, 2019 10:06 pm
ZhengWei3 wrote:
Sun Jul 28, 2019 9:59 pm
I think it depends if your leave is "continuous" or not. i.e. if there was a gap between your bachelors and mba.

No it has changed now, only PhD needs to be continuous; read the current guidance

I'm in a similar situation, I've done a bachelors and masters in the UK but left the UK so now I need to satisfy the 12 months of PhD study rule to switch into tier 2 visa with a job that starts this September. I'm also applying in the next couple of weeks so please let me know how it goes
Many thanks for your reply.

If it's not too much trouble can you please clarify if you mean the standard tier 2 policy guidance? I've asked my employer's immigration team about this because using my previous UK bachelors or masters to switch will make my life much easier but they are insistent that my previous UK degrees cannot be used to switch into tier 2 because I have left the UK and applied for a new tier 4 leave to enter for my PhD. Thanks in advance.

UKLL
Member of Standing
Posts: 388
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Switching Tier 4 to Tier 2 Visa - Bachleor's degree

Post by UKLL » Tue Jul 30, 2019 2:04 pm

ZhengWei3 wrote:
Tue Jul 30, 2019 12:05 pm
UKLL wrote:
Sun Jul 28, 2019 10:06 pm
ZhengWei3 wrote:
Sun Jul 28, 2019 9:59 pm
I think it depends if your leave is "continuous" or not. i.e. if there was a gap between your bachelors and mba.

No it has changed now, only PhD needs to be continuous; read the current guidance

I'm in a similar situation, I've done a bachelors and masters in the UK but left the UK so now I need to satisfy the 12 months of PhD study rule to switch into tier 2 visa with a job that starts this September. I'm also applying in the next couple of weeks so please let me know how it goes
Many thanks for your reply.

If it's not too much trouble can you please clarify if you mean the standard tier 2 policy guidance? I've asked my employer's immigration team about this because using my previous UK bachelors or masters to switch will make my life much easier but they are insistent that my previous UK degrees cannot be used to switch into tier 2 because I have left the UK and applied for a new tier 4 leave to enter for my PhD. Thanks in advance.
Tier 2 of the Points Based System – Policy Guidance, Version 03/19
Page 10
Switching from a Tier 4 or Student category into Tier 2 (General), Tier 2 (Sportsperson) or
Tier 2 (Minister of Religion)
17. If you are switching from Tier 4, you can only switch into Tier 2 if you meet the following
criteria:
• You are currently, or have last been, sponsored by a Tier 4 sponsor which is either:
o a UK recognised body or a body in receipt of public funding as a higher
education institution from the Department of Employment and Learning in
Northern Ireland, the Higher Education Funding Council for England, the
Higher Education Funding Council for Wales or the Scottish Funding Council;
or
o an overseas higher education institution, and were sponsored to undertake a
short-term study abroad programme in the United Kingdom,
and
• you have
o completed, or are applying no more than 3 months before the expected
completion date for, a course leading to a UK recognised bachelor’s or
master’s degree;
o completed, or are applying no more than 3 months before the expected
completion date for a course leading to a Postgraduate Certificate in Education
or Professional Graduate Diploma of Education; or
o completed a minimum of 12 months’ study in the UK towards a UK PhD during
your current period of leave or a period of continuous leave which includes your last grant of leave;

and

• you studied for, or are studying, the eligible award at a UK institution that is a UK
recognised or listed body, or an education provider which holds a licence for
sponsoring students under Tier 4 of the Points-Based System; and
• your periods of UK study and/or research towards your course ‘have been
undertaken whilst you had entry clearance, leave to enter or leave to remain in the
UK that was not subject to a restriction preventing you from undertaking it; and
• if you undertook or are still undertaking, the study for the qualification whilst holding
leave as a Tier 4 student, you have undertaken the study at the institution which is
the Tier 4 sponsor, and not through supplementary study; and
• you are applying from inside the UK.

18. You must provide a degree certificate, academic transcript or an academic reference on
official headed paper of the institution which must clearly show:
• your name; and
Tier 2 Policy Guidance (Version 03/2019) Page 11
• the course title and award; and
• the course duration (except in the case of a degree certificate); and either
• the date you completed the course, having sat all exams and presented all academic
papers, or
• the date you are expected to complete the course, which must be the expected date
when all exams will have been taken and all academic papers submitted, or
• confirmation of 12 months’ study if you are studying a PhD course.


You can see the continuous leave is only mentioned in studying a PhD now

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