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Tier 4 -> PSW -> Tier 4 -> Tier 2

Only for UK Tier 2 (Employer Sponsored) points system Tier 2

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nckrnc
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Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by nckrnc » Fri Sep 09, 2016 5:12 pm

Hello,
  1. I have a masters degree from the first Tier 4
  2. Moved on to PSW based on that
  3. Moved on to Tier 4 again (Change of career, different course, different university, different sponsor)
  4. Looking to move on to Tier 2 based on the first masters degree
I understand the policy guidance says,
you must have successfully completed and passed a UK recognised bachelor’s or master’s degree, Postgraduate Certificate in Education or Professional Graduate Diploma of Education or have 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 which includes your last grant of leave
May I ask, am I right in assuming the masters degree from the 1st Tier 4 can be used for the Tier 2 application?

P.S. The degree was from 4.5 years ago and the continuous period assuming according to the ILR guidance hasn't been broken.

nckrnc
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by nckrnc » Sat Sep 10, 2016 7:25 pm

Bump. Any input would be much helpful

iworker
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by iworker » Sun Sep 11, 2016 5:40 pm

Previous degree can only be used to certify English language knowledge.
To apply for tier 2, u need a restricted cos, rlmt and apply from outside the uk

nckrnc
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by nckrnc » Sun Sep 11, 2016 7:51 pm

  1. Degree

    This actually mentions It can be either last grant of leave or has to be a period of continuous leave which includes ones last grant of leave.
    • 245HD(d)(iii)(2)
    Under Tier 2 (General) Migrants, Tier 2 (Minister of Religion) Migrants and Tier 2 (Sportsperson) Migrants
    (Immigration Rules part 6A: the points-based system - Please click here)
    245HD. Requirements for leave to remain
    ...
    (d) An applicant under the provisions in (b)(ii) above must meet the following requirements:
    ...
    (iii) The applicant must have studied the course referred to in (d)(i) during:
    ...
    (2) a period of continuous leave which includes his 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.).
  2. Resident Labour Market Test

    This suggests RLMT exemption applies if the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 4 Migrant.
    • 78B(b)(5)
    Under Resident Labour Market Test exemption applies
    (Immigration Rules Appendix A (Tier 2): attributes - Please click here)
    78B. In order for a Resident Labour Market Test exemption to apply for post-study work:
    ...
    (b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:
    ...
    (5) a Tier 4 Migrant
Am I missing something here iworker? I am not able to conclude that my situation may warrant that I should leave UK and proceed via restricted COS route.

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CR001
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by CR001 » Sun Sep 11, 2016 8:12 pm

The PSW visa in between the Tier 4's effectively stops you from using the first masters time on Tier 4.
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by Greenie » Sun Sep 11, 2016 8:51 pm

CR001 wrote:The PSW visa in between the Tier 4's effectively stops you from using the first masters time on Tier 4.
I don't think this is correct. there rules allow the migrant to rely on a previous degree as long he or she has had continous leave since then. as far as I know there isn't anything to say that switching into another category will change matters as long as there has been continous leave. it doesn't say continous leave under tier 4.

nckrnc
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by nckrnc » Sun Sep 11, 2016 9:06 pm

Oh wow.

I am nearly drenched in sweat going through this Immigration Rules part 6A: the points-based system page reading the a period of continuous leave phrase under 245HD(d)(iii)(2) again and again.

I hope I am not being overly nuanced and jinxing myself with stress.

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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by CR001 » Mon Sep 12, 2016 8:13 am

Greenie wrote:
CR001 wrote:The PSW visa in between the Tier 4's effectively stops you from using the first masters time on Tier 4.
I don't think this is correct. there rules allow the migrant to rely on a previous degree as long he or she has had continous leave since then. as far as I know there isn't anything to say that switching into another category will change matters as long as there has been continous leave. it doesn't say continous leave under tier 4.
I should have been clearer, I was referring to the RLMT exemption for Tier 4 students. I could be wrong of course.
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nckrnc
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by nckrnc » Mon Sep 12, 2016 11:24 am

245HD(d)(iii) The applicant must have studied the course referred to in (d)(i) during:
(1) his last grant of leave, or
(2) a period of continuous leave which includes his 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.).
This basically suggests RLMT does not apply if the applicant is on Tier 4 leave to remain (No matter if the applicant has finished the course or not in the present Tier 4 and as long as there is a UK degree from a Tier 4 sponsor from a period of continuous leave before that)

May I ask, Is this how it is supposed to be interpreted or am I just construing what I want to see here?

nckrnc
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Re: Tier 4 -> PSW -> Tier 4 -> Tier 2

Post by nckrnc » Mon Sep 12, 2016 3:44 pm

Bump.

I would very much appreciate if you someone can share their second opinion on the RMLT issue.

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