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Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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LondonDPO
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Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

Post by LondonDPO » Mon Jan 27, 2020 12:30 pm

1. I have Tier 2 ICT that is ending soon but I have some control over it. Most master's programs start in September. If I want to start school in September when is the soonest date that my leave under the Tier 2 ICT can end? E.g., if my leave under Tier 2 ICT ends 1 June 2020, and my classes start 1 September 2020, thats 3 months. Would I have to leave the country and make the application from outside of the country and then, if granted, I could return something like 1 August 2020? My leave under the ICT needs to end 1 August at the earliest for me to be able to stay in country? I can't leave when Tier 2 Visa ends and then immediately return under a visitor visa, showing the immigration officer my application for Tier 4, correct? They would kick me out of the country?


2. If I actually get a Tier 4 student visa, but then abandon studies, how soon would I be able to visit the UK again as an American?

3. If you have time, what is the biggest difference between applying for Tier 4 inside the country and outside of the country? Is there more liklihood of being rejected or something like this if outside of the country?

sah10406
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Re: Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

Post by sah10406 » Tue Jan 28, 2020 9:48 am

LondonDPO wrote:
Mon Jan 27, 2020 12:30 pm
If I want to start school in September when is the soonest date that my leave under the Tier 2 ICT can end?
E.g., if my leave under Tier 2 ICT ends 1 June 2020, and my classes start 1 September 2020, thats 3 months. Would I have to leave the country and make the application from outside of the country and then, if granted, I could return something like 1 August 2020?
If you want to make the Tier 4 application in the UK, your Tier 2 leave must end at the earliest 28 days before the start date of the course. If it ended any sooner, you could only apply in your home country.
LondonDPO wrote:
Mon Jan 27, 2020 12:30 pm
If I actually get a Tier 4 student visa, but then abandon studies, how soon would I be able to visit the UK again as an American?
Abandoning your studies seems an odd thing to be planning for, but as long as you meet all the requirements of a being a Standard Visitor, in theory you could visit anytime. However your pattern of residence could suggest that you may be trying to make the UK your home on a series of unrelated visas
LondonDPO wrote:
Mon Jan 27, 2020 12:30 pm
what is the biggest difference between applying for Tier 4 inside the country and outside of the country? Is there more liklihood of being rejected or something like this if outside of the country?
The biggest difference is that there will be a checking that you are a genuine student, including an interview. Given that you are already partly thinking of possibly abandoning your studies, that might be a concern.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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CR001
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Re: Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

Post by CR001 » Tue Jan 28, 2020 11:59 am

sah10406 wrote:
Tue Jan 28, 2020 9:48 am
LondonDPO wrote:
Mon Jan 27, 2020 12:30 pm
If I want to start school in September when is the soonest date that my leave under the Tier 2 ICT can end?
E.g., if my leave under Tier 2 ICT ends 1 June 2020, and my classes start 1 September 2020, thats 3 months. Would I have to leave the country and make the application from outside of the country and then, if granted, I could return something like 1 August 2020?
If you want to make the Tier 4 application in the UK, your Tier 2 leave must end at the earliest 28 days before the start date of the course. If it ended any sooner, you could only apply in your home country.
LondonDPO wrote:
Mon Jan 27, 2020 12:30 pm
If I actually get a Tier 4 student visa, but then abandon studies, how soon would I be able to visit the UK again as an American?
Abandoning your studies seems an odd thing to be planning for, but as long as you meet all the requirements of a being a Standard Visitor, in theory you could visit anytime. However your pattern of residence could suggest that you may be trying to make the UK your home on a series of unrelated visas
LondonDPO wrote:
Mon Jan 27, 2020 12:30 pm
what is the biggest difference between applying for Tier 4 inside the country and outside of the country? Is there more liklihood of being rejected or something like this if outside of the country?
The biggest difference is that there will be a checking that you are a genuine student, including an interview. Given that you are already partly thinking of possibly abandoning your studies, that might be a concern.
Important to note that this user is spamming tier 4 and tier 2 sub forums with different scenarios, mainly apparently to avoid the 12 month cooling off period to change from tier 2 ICT to tier 2 general. Suggest search users topics to see, and the lack of responses likely due to spamming repetitively.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

LondonDPO
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Re: Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

Post by LondonDPO » Tue Jan 28, 2020 1:39 pm

CR001 wrote:
Tue Jan 28, 2020 11:59 am
Important to note that this user is spamming tier 4 and tier 2 sub forums with different scenarios, mainly apparently to avoid the 12 month cooling off period to change from tier 2 ICT to tier 2 general. Suggest search users topics to see, and the lack of responses likely due to spamming repetitively.
I have to make a decision about the rest of my life this week. Is there some rule that board members can only ask a certain number of questions a day? I read the Tier 2 and Tier 4 guidance, ran google searches (including of these forums specifically), and visited local Hackney free immigration advice office before posting. I did not find answers there. I don't think I asked the same question twice. Why do you call my questions spam?

Is it wrong to find a way to avoid the cooling-off period? If the admins of this site believe so, I apologise, please disregard those questions - I want to continue contribute to this country but I am being wrongfully terminated, in my opinion (I have a lawyer pursuing). I have had 7 callbacks from UK companies that want to sponsor me, but because my HR department saw that the ICT was easier for them back in 2017, I did not recieve a Tier 2 General, despite my request (because I saw the lack of a ILR route as a big drawback to the ICT). Finally, I learned the cooling-off period would apply to me and tear me and my partner apart for a year.

I am fully committed to getting a master's or PGCE to advance my career if that's the best course to take. I have a life here; I live with the woman I love and intend to marry, but we're not ready for that step yet. This has been the worst month of my life.

sah10406
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Re: Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

Post by sah10406 » Tue Jan 28, 2020 1:57 pm

LondonDPO wrote:
Tue Jan 28, 2020 1:39 pm
Is it wrong to find a way to avoid the cooling-off period?
Not in itself, no.

But your proposed strategy (applying for a Tier 4 visa) will be problematic. Eligibility for both Tier 4 sponsorship and for the visa itself includes an evaluation of your credibility and genuineness as a student. And looking at all your postings and your immigration history and future intentions, it does appear that you are "visa shopping" and that never looks good to UKVI, but especially not in a Tier 4 application with its checks on credibility.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

LondonDPO
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Re: Visiting the UK in between Visas (Tier 2 ICT, Tier 4)

Post by LondonDPO » Tue Jan 28, 2020 2:24 pm

sah10406 wrote:
Tue Jan 28, 2020 1:57 pm
LondonDPO wrote:
Tue Jan 28, 2020 1:39 pm
Is it wrong to find a way to avoid the cooling-off period?
Not in itself, no.

But your proposed strategy (applying for a Tier 4 visa) will be problematic. Eligibility for both Tier 4 sponsorship and for the visa itself includes an evaluation of your credibility and genuineness as a student. And looking at all your postings and your immigration history and future intentions, it does appear that you are "visa shopping" and that never looks good to UKVI, but especially not in a Tier 4 application with its checks on credibility.
I appreciate that warning - thank you. As I said, I am fully committed to getting a master's or PGCE as a student to advance my career (and continuing to contribute to this country as I have the past 1.5 years).

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