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Tier - 4 to Tier - 2, Probation Period

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

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Subhasish
Newly Registered
Posts: 5
Joined: Tue Jul 30, 2019 3:29 pm

Tier - 4 to Tier - 2, Probation Period

Post by Subhasish » Sun Aug 18, 2019 5:28 pm

Hello,

I am applying for a Tier-4 (for MSc 12 month course) to Tier-2 Switch.

As I understand, on a Tier-4 visa, I am not allowed to join a “permanent” employment.
However, my employment condition states a three month “probation” period, after which I will be confirmed as a “permanent” employee.

In such a scenario, can I join the organisation on my Tier-4 visa as an employee on “probation” and not “permanent” yet, while the Tier-2 is in process.

The “probation” will lead to “permanent”. But not premanent yet.

Also, note that since my degree is not awarded yet, I do not qualify for Tier-2 "applied" and waiting for decision rule.

I intend to join on 1st Oct 2019.
Degree Completion Date: 30th Sept 2019
Degree Award Date: 09 Dec 2019

Really appreciate your help regarding this.

UKLL
Member of Standing
Posts: 350
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Tier - 4 to Tier - 2, Probation Period

Post by UKLL » Mon Aug 19, 2019 1:01 pm

Subhasish wrote:
Sun Aug 18, 2019 5:28 pm
Hello,

I am applying for a Tier-4 (for MSc 12 month course) to Tier-2 Switch.

As I understand, on a Tier-4 visa, I am not allowed to join a “permanent” employment.
However, my employment condition states a three month “probation” period, after which I will be confirmed as a “permanent” employee.

In such a scenario, can I join the organisation on my Tier-4 visa as an employee on “probation” and not “permanent” yet, while the Tier-2 is in process.

The “probation” will lead to “permanent”. But not premanent yet.
It does not matter Probation or Permanent because your employer will just put 3 years on your CoS, like a "3 years contract". You will not be a permanent staff, because you do not have the right to work permanently for now


Also, note that since my degree is not awarded yet, I do not qualify for Tier-2 "applied" and waiting for decision rule.

You don't need to wait until your degree is awarded, rules have changed now, read the guideline!


I intend to join on 1st Oct 2019.
Degree Completion Date: 30th Sept 2019
Degree Award Date: 09 Dec 2019

Really appreciate your help regarding this.

Subhasish
Newly Registered
Posts: 5
Joined: Tue Jul 30, 2019 3:29 pm

Re: Tier - 4 to Tier - 2, Probation Period

Post by Subhasish » Mon Aug 19, 2019 2:54 pm

What I understand is, even if my degree is not awarded, I can still join a full-time permanent job if Tier-2 is applied for, because my employer will mention this as a 3 year "contract" in the CoS.
So, before Tier-2 is approved, I can work on Tier-4, because government sees the offer as "contract".

Is my understanding correct ?

My university website states that I cannot take up full time permanent job while on Tier-4 and degree not yet awarded.

"Full-time permanent work is prohibited on a Tier 4 visa. If you have been offered a full-time permanent contract, you can only begin working on that basis after you have applied to switch to Tier 2 after your degree is awarded, or once you receive the Tier 2 visa if you apply before the degree is awarded"

https://info.lse.ac.uk/current-students ... tudies.pdf

UKLL
Member of Standing
Posts: 350
Joined: Tue Oct 24, 2017 5:44 pm
Malaysia

Re: Tier - 4 to Tier - 2, Probation Period

Post by UKLL » Mon Aug 19, 2019 4:31 pm

Subhasish wrote:
Mon Aug 19, 2019 2:54 pm
What I understand is, even if my degree is not awarded, I can still join a full-time permanent job if Tier-2 is applied for, because my employer will mention this as a 3 year "contract" in the CoS.
So, before Tier-2 is approved, I can work on Tier-4, because government sees the offer as "contract".

Is my understanding correct ?
You can only take full time job on Tier 4 when your everything is completed and passed (does not have to be awarded yet), otherwise only 20 hours per week. You can start working once you submit your applictaion, but your employer carries the risk that your application may not be approved.

My university website states that I cannot take up full time permanent job while on Tier-4 and degree not yet awarded.

"Full-time permanent work is prohibited on a Tier 4 visa. If you have been offered a full-time permanent contract, you can only begin working on that basis after you have applied to switch to Tier 2 after your degree is awarded, or once you receive the Tier 2 visa if you apply before the degree is awarded"

Your University needs to update their website to the following as per Home Office Guidance:

You can apply if you have 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;


https://info.lse.ac.uk/current-students ... tudies.pdf

Bethov76
Newly Registered
Posts: 8
Joined: Wed Dec 18, 2019 3:48 pm
Wales

Re: Tier - 4 to Tier - 2, Probation Period

Post by Bethov76 » Fri Feb 14, 2020 5:14 pm

Actually, our website is correct. The immigration rules only allow you to start working on a full time basis in a permanent role if a person has successfully completed and been awarded their degree. If you're applying under either of the other two conditions, then you can't start working until you have the visa in your hands. That's because whilst the Tier 2 Guidance was changed the Tier 4 Guidance wasn't. Therefore, if you're telling someone that they can start a pemanent job in the cases of three months in advance/successfully completed but not awarded, then you're actually telling them to breach conditions of the visa.

I'd rather you didn't put our students at risk please.

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