Tier 4 expiring, applying for Tier 2

the3rdman · Post by **the3rdman** » Thu Jan 16, 2014 1:46 pm

Hello again all, I really appreciate all of the help that I've been able to find within these forums.

I'm in a very precarious situation at the moment as my current Tier 4 visa is expiring at the end of this month. I have all of the suitable documentation to send to the UKBA as of today. I know that if I apply for the Tier 2 visa prior to the expiration of my current visa that my current visa status will carry over until a decision has been made. My question is, if I make a Tier 2 online application and then submit my supporting documents afterwards, what would the UKBA consider the application 'date' to be? Would it be when I submit my online application, or when all of my supporting documents were received?

The reason I ask is because I am confident that I can get my Tier 2 app in before my expiry date on my current visa, but I am concerned that my supporting documents may arrive later than my current visa expiry. Will this be a problem?

Thanks in advance for your help!

Post by **manci** » Thu Jan 16, 2014 5:23 pm

http://www.ukba.homeoffice.gov.uk/visas ... /applying/

the3rdman · Post by **the3rdman** » Thu Jan 16, 2014 7:20 pm

Manci, thanks again for a reply. According to the page you linked, if I apply online then:

The application date is the date when you submit your application form and pay your application fee online. Your application wont become valid until your supporting documents are received and your biometric information is enrolled.

My question is, should I worry about the application date, or when it becomes valid? If I get my application in before my current visa's expiry date (27.1.14), will I be ok? Or, is it that I need to have a valid application before my current visa's expiry date?

I also came across this in regards to my visa status while I'm waiting for a decision:

What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.

Any insight would be helpful. Thanks again!

Post by **manci** » Thu Jan 16, 2014 8:42 pm

the3rdman wrote:My question is, should I worry about the application date, or when it becomes valid? If I get my application in before my current visa's expiry date (27.1.14), will I be ok?
yes, it will be OK, it it is the application date that matters (NB: you have no control over when you will be invited to do the biometrics and, following that, when your documents will be checked and therefore when your application will be decided to be valid or invalid)

What is my immigration status while my application is being decided?
If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. You can continue to work until your case is decided if the conditions of your existing leave allows you to do so.
this is clear enough. Your T4 leave will continue and you can work as permitted under T4.

the3rdman · Post by **the3rdman** » Thu Jan 16, 2014 11:08 pm

Thank you for the reply. It makes sense now.

Post by **vinny** » Thu Jan 16, 2014 11:48 pm

The Application date is determined by 34G.

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Tier 4 expiring, applying for Tier 2

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