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Tier4 to tier2 switch

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

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shan28
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Tier4 to tier2 switch

Post by shan28 » Wed Dec 18, 2019 10:36 am

Hi, I'm currently on tier4 visa, graduated recently and received a graduate job offer today(17/12/19. Employer is not a licensed sponsor but is willing to get licensed and sponsor my switch to tier2. But as terrible luck may have it, my visa expires 8th Jan 2020, that's in 3weeks. Has anyone been through a similar situation? Is there hope? Please advise... thanks!

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

Re: Tier4 to tier2 switch

Post by sah10406 » Wed Dec 18, 2019 12:47 pm

shan28 wrote:
Wed Dec 18, 2019 10:36 am
Is there hope?
There doesn't seem to be any hope that you can switch in the UK, as it seems highly likely that your visa would expire before they get the license, and so you would need to leave on or before 8 January. However as long as the sponsor is willing to undertake the extra requirements involved for an application outside the UK, and you meet them, they can issue a CoS as soon as they have the Tier 2 license and you can apply in your home country.

The extra requirements for the sponsor are running the Resident Labour Market Test (unless it is a Shortage Occupation job), using one of their restricted CoS, and paying the Immigration Skills Charge.

You will need to discuss this with your potential sponsor as soon as possible.

See https://www.ukcisa.org.uk/Information-- ... layer-6617
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

EP17
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Joined: Tue Nov 26, 2019 4:34 pm
India

Re: Tier4 to tier2 switch

Post by EP17 » Thu Dec 19, 2019 1:21 pm

There are fast track options available for your sponsor, you will have to discuss this with them as the charges are substantially higher (500£ more for 5 day service and 800£ more for the one day service) I could be wrong about the exact amounts so I would recommend reconfirming the charges on the Gov website. As mentioned in the previous reply, since you are a Tier 4 student, you are exempted from the RLMT test and come under the unrestricted CoS so that does not need to be a consideration if you apply from inside the UK.
It is also in the interest of your employer to pay the extra fees for priority as if you apply from outside the UK, they have to pay an immigration skills charge of 1000£ per year which Tier-4 switchers are exempted from.

Apart from this, as long as you make your Tier-2 visa application before your visa expires, you can continue staying in the UK until a decision is made. Hope this helps!

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