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Switching from tier 4 student visa to tier 2 work visa (URGENT)

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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jhamp001
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Posts: 2
Joined: Wed Jan 16, 2019 5:29 pm
United States of America

Switching from tier 4 student visa to tier 2 work visa (URGENT)

Post by jhamp001 » Wed Jan 16, 2019 5:56 pm

Hello I am an American currently on a tier 4 visa that will expire Jan 29. I would like to stay in the UK a few more weeks after my visa expires as I have been applying for jobs and one such job I am applying for has done an RMLT test and would be able to sponsor a tier 2 visa for me. However, I was initially unsuccessful for this position due to the fact that I needed to learn one programming language. I have since learned that programming language and will be reaching out to them again to apply, since they’ve already researched sponsoring me and have deemed me to be the most appropriate candidate so far. I am wondering if I can still switch from tier 4 to tier 2 once my visa expires. Also, I am wondering if it is possible to apply for a tier 2 visa after my tier 4 expires so long as I am still living within the UK

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Casa
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Joined: Wed Jul 23, 2008 2:32 pm

Re: Switching from tier 4 student visa to tier 2 work visa (URGENT)

Post by Casa » Wed Jan 16, 2019 6:09 pm

Once your current visa expires, you will only have the option of applying for a Tier 2 visa from outside of the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sah10406
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Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: Switching from tier 4 student visa to tier 2 work visa (URGENT)

Post by sah10406 » Thu Jan 17, 2019 10:51 am

jhamp001 wrote:
Wed Jan 16, 2019 5:56 pm
I am wondering if I can still switch from tier 4 to tier 2 once my visa expires. Also, I am wondering if it is possible to apply for a tier 2 visa after my tier 4 expires so long as I am still living within the UK
The wording of the immigration rules technically allows overstayers to apply for Tier 2 (paragraph 245HD) but they can only apply within 14 days of expiry, and the application is only accepted if there is a "good reason" for the lateness (paragraph 39E). I don't think it is safe to assume that a delay in the application, recruitment and sponsorship process is in itself a "good reason". Anyone who is thinking of doing this needs to do it with the blessing of their Tier 2 visa sponsor who, frankly, is unlikely to approve.

Applying as an overstayer brings its own problems. The leave to remain application in itself does not "legalise" your stay, so you would be unlawfully in the UK until the successful outcome of the application, and you would need to declare the overstay on any future immigration applications. The UK's "hostile environment" for those living in the UK without permission to do so means that until the successful outcome of the application such a person cannot work (so they could not start the Tier 2 job they have been sponsored for) and they may have problems with renting a home, running a bank account, and driving.

If, as it appears, your Tier 2 application needs to be made in your home country, your sponsor needs to know that because it adds some extra requirements for them including running the Resident Labour Market Test and using one of their restricted CoS.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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