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switching from Tier 2 (General) to Tier 4

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

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jsingh77
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Joined: Tue Mar 31, 2015 10:57 am

switching from Tier 2 (General) to Tier 4

Post by jsingh77 » Fri Apr 10, 2015 1:52 pm

Hi can anyone advice that my Tier 2 leave has been curtailed to 60 days and i want to switch to Tier 4 , my curtailed leave expires on 30 May 2015 but new course is starting on 15 Sep 2015 ,
1. Can I apply form within the UK
2. what is earliest date I can apply for Tier 4 is the condition that there should not be more than 28 days between the expiry of leave to remain and start of new course apply .
3. when switching can I claim reduced maintenance benefit
Thanks in advace

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 8:45 pm

Re: switching from Tier 2 (General) to Tier 4

Post by Greenie » Fri Apr 10, 2015 3:02 pm

1. No
2. The earliest date you can apply is 3 months before the start of the course but you can't apply in the uk due to 28 day gap rule.
3.no

jsingh77
Newly Registered
Posts: 10
Joined: Tue Mar 31, 2015 10:57 am

Tier 4 in country appalication

Post by jsingh77 » Mon Aug 10, 2015 2:00 pm

Hi
I need a query regarding Tier 4 application within UK. My FLR(O) is pending before the Home Office and now need to vary this FLR(O) to Tier 4 . I am in UK and my course start date is 18 September 2015 . I need to know that for variation of application from FLR(O) to Tier 4 will 28 days limit rule will apply to me or can I make variation application any time irrespective of the fact that now more then 28 days are pending in start date of my course.
Thanks
JS

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 4 in country appalication

Post by sah10406 » Mon Aug 10, 2015 2:30 pm

jsingh77 wrote:Hi
will 28 days limit rule will apply to me
No.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jsingh77
Newly Registered
Posts: 10
Joined: Tue Mar 31, 2015 10:57 am

Re: Tier 4 in country appalication

Post by jsingh77 » Fri Aug 21, 2015 8:39 am

Hi can anyone help me can I change my FLR(O) pending before Home Office to Tier 4 is there any guidance available as the University is not granting me CAS as my FLR(O) is pending.
Thanks

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 4 in country appalication

Post by sah10406 » Fri Aug 21, 2015 8:58 am

jsingh77 wrote:can I change my FLR(O) pending before Home Office to Tier 4 is there any guidance available as the University is not granting me CAS as my FLR(O) is pending.
What was your previous visa? Why did you make the FLR(O) application?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jsingh77
Newly Registered
Posts: 10
Joined: Tue Mar 31, 2015 10:57 am

Re: Tier 4 in country appalication

Post by jsingh77 » Fri Aug 21, 2015 9:02 am

Hi my previous visa was Tier 2 (General) and my leave was curtailed as my employer ceased my employment which expired on 24 may 2015 and I filed FLR(O) on 22 May 2015 my FLR is on the basis of human rights (consideration out of rules) as I have completed 5 and half years in UK with childerns.
Thanks

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 4 in country appalication

Post by sah10406 » Fri Aug 21, 2015 9:18 am

jsingh77 wrote:Hi my previous visa was Tier 2 (General) and my leave was curtailed as my employer ceased my employment which expired on 24 may 2015 and I filed FLR(O) on 22 May 2015 my FLR is on the basis of human rights (consideration out of rules) as I have completed 5 and half years in UK with childerns.
Thanks
Why are you not continuing with that application?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jsingh77
Newly Registered
Posts: 10
Joined: Tue Mar 31, 2015 10:57 am

Re: Tier 4 in country appalication

Post by jsingh77 » Fri Aug 21, 2015 9:21 am

because I am not confident weather HO will accept my FLR or not , but Tier 4 will be a certain visa and by end of my course I will complete my seven years.
Thanks

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 4 in country appalication

Post by sah10406 » Fri Aug 21, 2015 9:23 am

jsingh77 wrote:because I am not confident weather HO will accept my FLR or not , but Tier 4 will be a certain visa and by end of my course I will complete my seven years.
Thanks
It won't be a certain visa without a CAS, and it sounds like your sponsor is not willing to issue it. Have they explained why not?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jsingh77
Newly Registered
Posts: 10
Joined: Tue Mar 31, 2015 10:57 am

Re: Tier 4 in country appalication

Post by jsingh77 » Fri Aug 21, 2015 12:57 pm

They its there policy that that a student has certain visa and FLR cannot be varied to Tier 4. Please can anyone advise that is there any rule where FLR cannot be varied to Tier 4

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 4 in country appalication

Post by sah10406 » Fri Aug 21, 2015 3:07 pm

jsingh77 wrote:They its there policy that that a student has certain visa and FLR cannot be varied to Tier 4. Please can anyone advise that is there any rule where FLR cannot be varied to Tier 4
There is no such rule. There are restrictions on who can switch to Tier 4, but the short list does include Tier 2, which is your current status, extended by way of 3C.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

jsingh77
Newly Registered
Posts: 10
Joined: Tue Mar 31, 2015 10:57 am

Re: Tier 4 in country appalication

Post by jsingh77 » Fri Aug 21, 2015 4:30 pm

Inspite of all these facts university is not ready to issue CAS now is there any remedy for this.
Thanks

sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Tier 4 in country appalication

Post by sah10406 » Fri Aug 21, 2015 7:21 pm

jsingh77 wrote:Inspite of all these facts university is not ready to issue CAS now is there any remedy for this.
I advise you ask for a clear explanation, in writing. If the only reason they won't issue a CAS is because they think you can't apply in the UK, they are mistaken and you can challenge it.

They may have other reasons for not sponsoring you. Perhaps they doubt you are a genuine student, and think that you simply want to stay in the UK at any price.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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