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Switch from T4 to T2 during 28 day overstay period URGENT!!!

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

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tea42971
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Joined: Wed Jan 14, 2015 3:21 pm

Switch from T4 to T2 during 28 day overstay period URGENT!!!

Post by tea42971 » Wed Jan 14, 2015 3:26 pm

Hi all! Hope you are well!
I am just looking for some confirmation---

I am on a Tier 4 visa due to expire on the 22nd--my new employer has registered for a sponsorship license--it has been about 8 weeks and we put in a request for urgency yesterday due to my visa's impending expiry.

We have both phoned the Home Office and received confirmation of the following:

I can stay after my T4 expiry for another 28 days without fear of consequences (no detriment to visa application or ban in re-entering the country) and during that period I can apply for my T2, and would still be eligible for RLMT exemption as my most current entrance would have been on T4, the only restriction is that I have no right to appeal should my visa be denied.

I just wanted to see if anyone had any experience doing this as, despite speaking to UKVI more than once, I have not found any written documentation to this fact. Has anyone done it? No problems with it?

I am running on the assumption that my employer does actually get his license despite being a fairly new, very small company. My job specs and salary all fit the Visa requirements for T2 so that is the least of my worries.

Any advice would be really appreciated here!
A poster on another board told me I had received false information from the HO and I actually have to leave to switch visa categories, and RLMT will apply. Can anyone tell me differently? @Manci ?

thanks so much--would be an absolute shame to be this close and then have to leave.

Riajacobs
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Posts: 2
Joined: Wed Jan 21, 2015 4:31 pm

Re: Switch from T4 to T2 during 28 day overstay period URGEN

Post by Riajacobs » Wed Jan 21, 2015 11:29 pm

hi my situation is similar to yours. My visa running out next week but haven't heard back from ukba. This is the second time my employer apply for his license as it had been rejected the first time. Now I'm stuck not sure if I can stay 28days after my visa runs out or apply for an extension or I have to leave the country once my visa ends. Please do update how yours goes:)... And good luck to your application. Also, you're not alone, don't feel too stressed out because applications is driving me mad!!!!!

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Frontier Mole
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Joined: Tue May 06, 2008 12:03 am
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Re: Switch from T4 to T2 during 28 day overstay period URGEN

Post by Frontier Mole » Thu Jan 22, 2015 9:04 am

Answering the questions you pose.
Assuming that the following all holds true:-
The Sponsor licence is granted
The job roles are genuine and fully meet the SOC

My advice is to apply for a tier 2 visa as if the licence has been granted. You must do this before your current visa expires.
You must state you are waiting for your COS and that your employer is awaiting their licence. Once you receive your COS send in the details immediately.
Use the postal application service.

In following the above you will have made an in time application, so preserving your right of appeal.

Obviously if your respective employers do not get their licence you will be refused.

Continuing work rights. If your current student visa has work rights then you can work for your employer. If you have no work rights you can not start your role until your tier 2 visa is granted.

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