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finishing my employment with tier2 before I start tier4. When is the latest I have to apply for tier4?

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

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Applepie9
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Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Thu Aug 01, 2019 12:41 pm

so I currently have a tier 2 (general) visa, and I am looking to switch to tier 4(general) to do a postgrad which starts around mid Sept. (it is Aug 1st today)
As my place is not secured yet, I still have not quit my job yet.
I am planning to quit my job once my visa is secured just in case there's any issue with the visa applicaiton itself (planning on paying the £500 for the priority service due to the tight timeline).
As I understand, once I get a tier 4 visa, I won't be able to work. However, my job has a one month notice period.
Does this mean I have to hand in my notice for my job before my Visa is approved so I can meet the requirement that I won't be working when tier 4 visa is approved?
How does that work?

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by sah10406 » Thu Aug 01, 2019 3:04 pm

Applepie9 wrote:
Thu Aug 01, 2019 12:41 pm
Does this mean I have to hand in my notice for my job before my Visa is approved so I can meet the requirement that I won't be working when tier 4 visa is approved?
Yes.

If you want to work as long as possible, make your Tier 4 application as late as possible. You can make the Tier 4 application anytime before your Tier 2 leave is curtailed.
Last edited by sah10406 on Thu Aug 01, 2019 3:08 pm, edited 2 times in total.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Thu Aug 01, 2019 3:30 pm

sah10406 wrote:
Thu Aug 01, 2019 3:04 pm
Applepie9 wrote:
Thu Aug 01, 2019 12:41 pm
Does this mean I have to hand in my notice for my job before my Visa is approved so I can meet the requirement that I won't be working when tier 4 visa is approved?
Yes.

If you want to work as long as possible, make your Tier 4 application as late as possible. You can make the Tier 4 application anytime before your Tier 2 leave is curtailed.
So if my tier 4 application is not successful then I’ll be left without a job and without studying opportunity?

Just want some insurance plan to make sure I won’t be left in a dead end

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by sah10406 » Thu Aug 01, 2019 3:31 pm

Applepie9 wrote:
Thu Aug 01, 2019 3:30 pm
So if my tier 4 application is not successful then I’ll be left without a job and without studying opportunity?
What is your specific concern about your Tier 4 application?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Thu Aug 01, 2019 11:56 pm

sah10406 wrote:
Thu Aug 01, 2019 3:31 pm
Applepie9 wrote:
Thu Aug 01, 2019 3:30 pm
So if my tier 4 application is not successful then I’ll be left without a job and without studying opportunity?
What is your specific concern about your Tier 4 application?
No specific concern, but just want an insurance 'just in case' however small the chance may be.

Also, when should my job terminate?

Say if I give my leave notice on 12th Aug, (1 month notice, so terminate of contract should be 12th Sept)
With me using priorirt service, and not knowing exactly the date my tier4 visa will be granted, does it mean I have to apply visa after 12th Sept? or just say 2-3 days before, but not any earlier? As if I apply earlier and if I receive my visa by 11th Sept, for example, I wil be violating the visa rule?

Also, do I have to receive my 60days tier 2 notice thing before I can apply for tier4? I assume not?
Is that correct?

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Fri Aug 02, 2019 12:05 am

Applepie9 wrote:
Thu Aug 01, 2019 11:56 pm
sah10406 wrote:
Thu Aug 01, 2019 3:31 pm
Applepie9 wrote:
Thu Aug 01, 2019 3:30 pm
So if my tier 4 application is not successful then I’ll be left without a job and without studying opportunity?
What is your specific concern about your Tier 4 application?
No specific concern, but just want an insurance 'just in case' however small the chance may be.
EDIT: Just realised there's a 'academic progression' clause, I did MSc Computer Science (which is a conversion course), and I am applying to do MSc Advanced Computing. This might trip me up as well looking at it

Also, when should my job terminate?

Say if I give my leave notice on 12th Aug, (1 month notice, so terminate of contract should be 12th Sept)
With me using priorirt service, and not knowing exactly the date my tier4 visa will be granted, does it mean I have to apply visa after 12th Sept? or just say 2-3 days before, but not any earlier? As if I apply earlier and if I receive my visa by 11th Sept, for example, I wil be violating the visa rule?

Also, do I have to receive my 60days tier 2 notice thing before I can apply for tier4? I assume not?
Is that correct?

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by sah10406 » Fri Aug 02, 2019 7:53 am

Applepie9 wrote:
Thu Aug 01, 2019 11:56 pm
No specific concern, but just want an insurance 'just in case' however small the chance may be.
A Tier 4 visa is a box-ticking exercise. It is not refused by chance or bad luck or for random or unexpected reasons.
Applepie9 wrote:
Thu Aug 01, 2019 11:56 pm
Also, when should my job terminate?
At your convenience. If you want to work as long as possible, I guess you would resign 1 month before the start of your course.

Applepie9 wrote:
Thu Aug 01, 2019 11:56 pm
With me using priorirt service, and not knowing exactly the date my tier4 visa will be granted, does it mean I have to apply visa after 12th Sept?
I think you are grossly over-complicating aall aspects of the application by, for no logical reason, anticipating a refusal. See my first reply above, and get support with your application from your Tier 4 sponsor.
Applepie9 wrote:
Thu Aug 01, 2019 11:56 pm
Also, do I have to receive my 60days tier 2 notice thing before I can apply for tier4?
No.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Fri Aug 02, 2019 9:31 am

sah10406 wrote:
Fri Aug 02, 2019 7:53 am
Applepie9 wrote:
Thu Aug 01, 2019 11:56 pm
Also, when should my job terminate?
At your convenience. If you want to work as long as possible, I guess you would resign 1 month before the start of your course.
but since I will require visa when I start the course, (and I assume visa arrive 5 days before my course starts, just for safety).
If I resign 1 month before my course starts it means there will be 5 days where I am working illegally.
does that mean I have to resign 1month + however many days I expect my visa to arrive before my course starts?

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by sah10406 » Fri Aug 02, 2019 10:07 am

Applepie9 wrote:
Fri Aug 02, 2019 9:31 am
but since I will require visa when I start the course, (and I assume visa arrive 5 days before my course starts, just for safety).
I am not clear why you say that you need the Tier 4 visa in your hand before you start the course. Has the university said this? It is perfectly normal to enrol on a course with Tier 2 leave, switching into Tier 4 later if not continuing with the Tier 2 work.
Applepie9 wrote:
Fri Aug 02, 2019 9:31 am
If I resign 1 month before my course starts it means there will be 5 days where I am working illegally.
does that mean I have to resign 1month + however many days I expect my visa to arrive before my course starts?
You would only be working illegally if your Tier 2 visa has been superseded by a Tier 4 visa. And you are creating that problem yourself by wanting to apply for the Tier 4 visa as soon as possible and by using the premium service! Simply either wait to make the Tier 4 application, which you can do on or after the date the course starts and at anytime before your Tier 2 visa is curtailed, and/or you apply using the standard service not priority so you don't get the Tier 4 visa so quickly. Your Tier 2 leave will remain extant for weeks or even months after you start the course, allowing you to work as long as you wish, and allowing you to start the course.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Fri Aug 02, 2019 11:04 am

sah10406 wrote:
Fri Aug 02, 2019 10:07 am
Applepie9 wrote:
Fri Aug 02, 2019 9:31 am
but since I will require visa when I start the course, (and I assume visa arrive 5 days before my course starts, just for safety).
I am not clear why you say that you need the Tier 4 visa in your hand before you start the course. Has the university said this? It is perfectly normal to enrol on a course with Tier 2 leave, switching into Tier 4 later if not continuing with the Tier 2 work.
Applepie9 wrote:
Fri Aug 02, 2019 9:31 am
If I resign 1 month before my course starts it means there will be 5 days where I am working illegally.
does that mean I have to resign 1month + however many days I expect my visa to arrive before my course starts?
You would only be working illegally if your Tier 2 visa has been superseded by a Tier 4 visa. And you are creating that problem yourself by wanting to apply for the Tier 4 visa as soon as possible and by using the premium service! Simply either wait to make the Tier 4 application, which you can do on or after the date the course starts and at anytime before your Tier 2 visa is curtailed, and/or you apply using the standard service not priority so you don't get the Tier 4 visa so quickly. Your Tier 2 leave will remain extant for weeks or even months after you start the course, allowing you to work as long as you wish, and allowing you to start the course.
are you saying that I won't be needing my tier4 visa in my first day of my masters?
So it is OK for me to get the CAS letter etc. and only apply for a tier4 visa say the second day of my course?

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by sah10406 » Fri Aug 02, 2019 11:11 am

Applepie9 wrote:
Fri Aug 02, 2019 11:04 am
are you saying that I won't be needing my tier4 visa in my first day of my masters?
Yes of course. Is the university telling you that you cannot enrol with Tier 2 leave?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by Applepie9 » Fri Aug 02, 2019 11:44 am

sah10406 wrote:
Fri Aug 02, 2019 11:11 am
Applepie9 wrote:
Fri Aug 02, 2019 11:04 am
are you saying that I won't be needing my tier4 visa in my first day of my masters?
Yes of course. Is the university telling you that you cannot enrol with Tier 2 leave?
I still haven't heard back from my university yet. (applied only last week)
I am just thinking ahead to make sure things go smoothly and I will be studying/working legally as I am planning on ILR in the future

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 2 to tier 4 switch. Work notice period overlap

Post by sah10406 » Fri Aug 02, 2019 11:49 am

Applepie9 wrote:
Fri Aug 02, 2019 11:44 am
I am just thinking ahead to make sure things go smoothly and I will be studying/working legally as I am planning on ILR in the future
In order to think or plan ahead, you may benefit from speaking with an immigration legal adviser. The issues and anxieties you have been anticipating with switching from Tier 2 to Tier 4 appear to be unfounded and, if I may say, based on wrong assumptions and misunderstandings.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Applepie9
Newly Registered
Posts: 22
Joined: Wed May 22, 2019 3:46 pm
Hong Kong

finishing my employment with tier2 before I start tier4. When is the latest I have to apply for tier4?

Post by Applepie9 » Sat Sep 14, 2019 12:24 pm

As title,

so I currently hold a tier2 visa, and my employment is ending on 20th Sept. My course starts at 23rd Sept.

When is the latest I have to submit my visa application for tier4?
Can I usee my tier2 '60days grace period' for the first few weeks of my school and apply my tier4 visa at, say late October?

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