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Tier 4 to tier 2 based on previous degree

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

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ZhengWei3
Newly Registered
Posts: 15
Joined: Fri May 24, 2019 9:45 pm
United Kingdom

Tier 4 to tier 2 based on previous degree

Post by ZhengWei3 » Fri May 24, 2019 9:54 pm

Hello everyone,

So I have started a PhD less than a year ago but due to financial and personal reasons I have decided to go for a tier 2 job instead. Luckily I been accepted by a big 4 firm who are happy to provide tier 2 sponsorship, as long as I can make an in-county application. Thing is, I have completed a UK bachelors and a masters in 2016 and 2017 and then left the UK for about a year so I have applied for my current tier 2 from outside the UK. Would it be possible to switch in country based on my previous UK degrees? I have been getting conflicting advice from my uni and employer immigration teams and even some solicitors because the rules are quite vague so I'd appreciate any further interpretation.

I realise that I can switch after 12 months of PhD but my employer is not very keen on waiting that long to submit an application.

Thanks!

ZhengWei3
Newly Registered
Posts: 15
Joined: Fri May 24, 2019 9:45 pm
United Kingdom

Re: Tier 4 to tier 2 based on previous degree

Post by ZhengWei3 » Fri May 24, 2019 10:33 pm

Here's what confusion everyone:

Page 10 of the UK's tier 2 guidance
"you have
o completed, or are applying no more than 3 months before the expected
completion date for, a course leading to a UK recognised bachelor’s or
master’s degree;
o completed, or are applying no more than 3 months before the expected
completion date for a course leading to a Postgraduate Certificate in Education
or Professional Graduate Diploma of Education; or
o completed a minimum of 12 months’ study in the UK towards a UK PhD during
your current period of leave or a period of continuous leave
1 which includes
your last grant of leave;
"

This last bit is confusing, it's not clear whether the current period of leave is only for the PhD or if it applied to ALL degrees. Different "experts" have interpreted it differently and almost exactly contradictory.

ZhengWei3
Newly Registered
Posts: 15
Joined: Fri May 24, 2019 9:45 pm
United Kingdom

Re: Tier 4 to tier 2 based on previous degree

Post by ZhengWei3 » Sat May 25, 2019 12:06 pm

(d) An applicant under the provisions in (b)(ii) above must meet the following requirements:
(i) The applicant must:
138
(1) have completed, or be applying no more than 3 months before the expected
completion date for, a course leading to a UK recognised bachelor’s or
master’s degree (not a qualification of equivalent level which is not a degree),
(2) have completed, or be applying no more than 3 months before the expected
completion date for a course leading to a UK Postgraduate Certificate in
Education or Professional Graduate Diploma of Education (not a qualification
of equivalent level), or
(3) have completed a minimum of 12 months study in the UK towards a UK PhD.
(ii) The applicant must have studied for, or be studying the course in (d)(i) at a UK
institution that is a UK recognised or listed body, or which holds a sponsor licence
under Tier 4 of the Points Based System.
(iii) The applicant must have studied, or be studying, the course referred to in (d)(i)
during:

(1) their last grant of leave, or
(2) a period of continuous leave which includes their last grant of leave, (for these
purposes continuous leave will not be considered to have been broken if any of
the circumstances set out in paragraphs 245AAA(a)(i) to (iii) of these Rules
apply or where the applicant has spent time with valid leave in the Bailiwick of
Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to
any of the categories set out in (b)(i) or (ii).).

This is from the immigration rules archive, I'm gonna leave it here in case anyone faces a similar problem in the future. seems like previous degrees do no satisfy the requirements.

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