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Can I apply for a Tier 2 after my PSW has expired?

Archived UK Tier 1 (Post-Study Work) points system forum. This route no longer exists.

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

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stomonak
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Posts: 1
Joined: Sun Feb 16, 2014 11:03 pm

Can I apply for a Tier 2 after my PSW has expired?

Post by stomonak » Sun Feb 16, 2014 11:42 pm

Hi All,

I currently hold a PSW and it's my first post here. I've looked through to see if this query has been answered before on the forum with no results, but pardon me if it has. I'm just curious as my employer didn't start their sponsorship license application early enough, and it appears the approval may not be coming until shortly after my PSW will have expired.

My question is this: is it true that there's some sort of grace period after visa expiry within which I can still put in an application for the Tier 2? I read in the Tier 1 Entrepreneur guidance document (considered this route previously) that one had up to 28 days after expiry to apply under the PBS (paragraph 10); but I'm still unsure if it applies when applying for a Tier 2 as the guidance document for that category explicitly says otherwise (paragraph 77).

I'd appreciate some clarification on this from you guys here who I must say are doing a great job.

Thanks in anticipation.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Can I apply for a Tier 2 after my PSW has expired?

Post by manci » Sat Mar 01, 2014 7:37 am

after your T1 PSW leave expires you will be an overstayer but overstaying up to 28 days is disregarded and you can apply during this period. However, if your application is refused for whatever reason you will not get the right to appeal. The other drawback is that you are not allowed to work while you are an overstayer.

the T2 policy guidance is here:
https://www.gov.uk/government/uploads/s ... idance.pdf
read para 189 (para 77 is about something else)

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