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Tier - 4 to Tier - 2, Employement joining date

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

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hangMan2020
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Posts: 7
Joined: Tue Jul 30, 2019 3:29 pm

Tier - 4 to Tier - 2, Employement joining date

Post by hangMan2020 » Tue Jul 30, 2019 3:42 pm

Hi, I am a Tier-4 MSc (12 Months) student in the UK.

As per the current rules, I can apply to switch from Tier-4 to Tier-2 upto three months before completion of my degree. My degree will complete on 30th September 2019. But I would have still not received a pass/fail result from the university.

1. What should be the earliest legal joining date for the employment (full time permanent): Can it be 1 Oct 2019 ? However, I would have not been awarded the degree by 1 Oct.

2. Also, without the degree being awarded can I apply for my Tier-2 visa ? What document should I submit in Lieu of the degree award.

3. For english Langauge requirement, will I be exempted because I already have a Tier-4 visa.

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

Re: Tier - 4 to Tier - 2, Employement joining date

Post by UKLL » Tue Jul 30, 2019 3:49 pm

Switching from a Tier 4 or Student category into Tier 2 (General), Tier 2 (Sportsperson) or
Tier 2 (Minister of Religion)
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
1 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
• 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.

hangMan2020
Newly Registered
Posts: 7
Joined: Tue Jul 30, 2019 3:29 pm

Re: Tier - 4 to Tier - 2, Employement joining date

Post by hangMan2020 » Tue Jul 30, 2019 4:17 pm

Yes, I am aware of this. However, my immigration lawyer stated that I can join the employment on the Tier-2 visa only after award of degree. But, my employer stated that I can join after completion of degree.

So, which one is correct ?

Award of degree is when I received pass/fail result for the entire course.
Completion of degree is when I have sat all exams and presented all academic papers/thesis.

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

Re: Tier - 4 to Tier - 2, Employement joining date

Post by UKLL » Tue Jul 30, 2019 11:04 pm

Subhasish wrote:
Tue Jul 30, 2019 4:17 pm
Yes, I am aware of this. However, my immigration lawyer stated that I can join the employment on the Tier-2 visa only after award of degree. But, my employer stated that I can join after completion of degree.

So, which one is correct ?



Award of degree is when I received pass/fail result for the entire course.
Completion of degree is when I have sat all exams and presented all academic papers/thesis.

Well the Guidance has very clearly stated you can apply when you have 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;). This has already answered your question -- you can join after completion of degree, always refer to the Guidance!!!!!!!!!!!!!!!!!!!!!!!!!

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