Tier 4 to Tier 2 (3 months before completion)

Hello

I will finish an MBA on 20 April 2021. If I make an application for a Tier 2 switch 3 months before completion, can I start working full-time upon application? Can I work full-time only after approval of the switch? Or only after completion of the course?

I tried to search to find the answer but couldn't.

ST 26.6. If a Student makes an application for permission to stay under Tier 2, supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor, the Student can start the employment for which the Certificate of Sponsorship was assigned, for up to 3 months prior to the course completion date, provided:
(a) the applicant is studying a full-time course of study at degree level or above with a higher education provider with a track record of compliance; and
(b) the applicant has permission as a Student; and
(c) a decision has not been made on the Tier 2 application, or where a decision has been made, any administrative review against a refusal has not been finally determined.


This seems to suggest that full-time work can be started when the switch application is started.

LondonDPO wrote: ↑

Wed Nov 18, 2020 10:14 am

This seems to suggest that full-time work can be started when the switch application is started.

Yes, but that is about leave granted under the new Student route on or after 6 October 2020. If you have Tier 4 leave that was granted on or after 1 October 2019, it is the same. But if you have Tier 4 leave granted before that, the equivalent Rule in place at that time said:

(7) until such time as a decision is received from the Home Office on a [Tier 2 application] which is made following successful completion of a full-time course at degree level or above [...] and while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, employment with the Tier 2 Sponsor, in the role for which they assigned the Certificate of Sponsorship to the Tier 4 migrant

So if you apply before successfully completing the course, you can start the actual job only when you have the Skilled Worker leave. In practice most employers are happy to arrange a workaround and allow you to start the job anyway on a temporary basis under your student work conditions, then switch to the permanent contract when you have the Skilled worker visa.

sah10406 wrote: ↑

Thu Nov 19, 2020 10:55 am

LondonDPO wrote: ↑

Wed Nov 18, 2020 10:14 am

This seems to suggest that full-time work can be started when the switch application is started.

Yes, but that is about leave granted under the new Student route on or after 6 October 2020. If you have Tier 4 leave that was granted on or after 1 October 2019, it is the same.

Thank you, yes, my tier 4 leave was granted in 2020.