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Questions about switching from Tier 2 General to Tier 4 in the UK

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

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GrimAI
Newly Registered
Posts: 9
Joined: Sun Feb 03, 2019 11:21 am
India

Questions about switching from Tier 2 General to Tier 4 in the UK

Post by GrimAI » Sun Feb 03, 2019 11:40 am

Hi,

I'm currently on a Tier 2 General visa valid until December 2021. I've decided I want to leave my company and go to graduate school full-time starting September 2019. I know that I have to switch to a Tier 4 and I intend to do it while I'm in the UK.

I know you can apply 3 months before the course starts and people if applying from abroad can enter the UK a month before the CAS start date. But I have some questions about what happens to my existing Tier 2 if I apply from within the UK.
  • Will my Tier 2 be curtailed when I apply or 1 month before the course start date? I'm trying to figure out when I need to stop working or can I work until the run-up to school starting? Is work defined as being paid, can I take paid leave or will I not be eligible to be paid during/at some point after the switch?
  • Do I need to pay the NHS surcharge again? My employer already paid for it till 2021 when I got the Tier 2, so I can piggyback off of that? I'm guessing no but wanted to check
  • It looks like timelines for applying while in the UK (8 weeks) are longer than doing it in India (10 days). Is the 8 weeks on the UK govt website an estimate with some buffer or does it really take 8 weeks?
  • I won't be able to leave the country while the switch is processing, right? And I'll be without my passport during this time? Can I travel after I get my Tier 4 visa but before course starts?
Thank you. I don't want to mess anything up which is why I'm worried.
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sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by sah10406 » Sun Feb 03, 2019 8:30 pm

GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Will my Tier 2 be curtailed when I apply or 1 month before the course start date?
Neither. When the new Tier 4 visa is issued, it will cancel the Tier 2 visa.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 I'm trying to figure out when I need to stop working or can I work until the run-up to school starting?
You cannot do your Tier 2 job after your Tier 4 visa is issued. You can expect a standard Tier 4 application to take approximately 8 weeks, so If you want to work until just before your course starts, don't make the Tier 4 application any sooner.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Is work defined as being paid, can I take paid leave or will I not be eligible to be paid during/at some point after the switch?
You are making it too complicated. If you wish, you can just delay making the Tier 4 application until you have finished work.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Do I need to pay the NHS surcharge again? My employer already paid for it till 2021 when I got the Tier 2, so I can piggyback off of that? I'm guessing no but wanted to check
You pay again, but if there is an overlap you (or your former employer, I guess) will get a refund. See https://www.ukcisa.org.uk/Information-- ... layer-3003
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 It looks like timelines for applying while in the UK (8 weeks) are longer than doing it in India (10 days). Is the 8 weeks on the UK govt website an estimate with some buffer or does it really take 8 weeks?
That's the service standard. Your Tier 4 sponsor may have a sense of the current processing times for standard applications.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 I won't be able to leave the country while the switch is processing, right? And I'll be without my passport during this time?
You will have your passport, but travel outside the Common Travel Area cancels the Tier 4 application.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Can I travel after I get my Tier 4 visa but before course starts?
From your questions above, I assume you want to work as long as possible, so it make sense to apply for the Tier 4 leave as late as possible. If however you want to get the Tier 4 visa as *soon* as possible so you can travel, this will mean you need to stop working sooner. You probably need to decide what is your priority, working or travelling.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.
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Mr AAL
Newbie
Posts: 34
Joined: Tue Aug 28, 2018 9:30 pm

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by Mr AAL » Fri Feb 08, 2019 5:30 am

sah10406 wrote: ↑
Sun Feb 03, 2019 8:30 pm
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Will my Tier 2 be curtailed when I apply or 1 month before the course start date?
Neither. When the new Tier 4 visa is issued, it will cancel the Tier 2 visa.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 I'm trying to figure out when I need to stop working or can I work until the run-up to school starting?
You cannot do your Tier 2 job after your Tier 4 visa is issued. You can expect a standard Tier 4 application to take approximately 8 weeks, so If you want to work until just before your course starts, don't make the Tier 4 application any sooner.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Is work defined as being paid, can I take paid leave or will I not be eligible to be paid during/at some point after the switch?
You are making it too complicated. If you wish, you can just delay making the Tier 4 application until you have finished work.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Do I need to pay the NHS surcharge again? My employer already paid for it till 2021 when I got the Tier 2, so I can piggyback off of that? I'm guessing no but wanted to check
You pay again, but if there is an overlap you (or your former employer, I guess) will get a refund. See https://www.ukcisa.org.uk/Information-- ... layer-3003
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 It looks like timelines for applying while in the UK (8 weeks) are longer than doing it in India (10 days). Is the 8 weeks on the UK govt website an estimate with some buffer or does it really take 8 weeks?
That's the service standard. Your Tier 4 sponsor may have a sense of the current processing times for standard applications.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 I won't be able to leave the country while the switch is processing, right? And I'll be without my passport during this time?
You will have your passport, but travel outside the Common Travel Area cancels the Tier 4 application.
GrimAI wrote: ↑
Sun Feb 03, 2019 11:40 am
 Can I travel after I get my Tier 4 visa but before course starts?
From your questions above, I assume you want to work as long as possible, so it make sense to apply for the Tier 4 leave as late as possible. If however you want to get the Tier 4 visa as *soon* as possible so you can travel, this will mean you need to stop working sooner. You probably need to decide what is your priority, working or travelling.
Hi, I am in similar situation. I want to switch to Tier 4 from Tier 2 (General) to do my Phd.

My immigration history is as follows:
1. Tier 4 General Visa Issue date 23 Aug 2010 (Entry in the UK 12 Sep 2010). Valid until 31 Jul 2012.
2. Tier 1 HS Post Study - BRP Issued 30 Aug 2012. Valid until 30 Aug 2014.
3. Tier 2 General - BRP issued 21 Oct 2014. Valid until 27-08-2019 (Under 1st Tier 2 Sponsor)
4. Tier 2 General - BRP issued 10 Aug 2015. Valid until 01 Sep 2020 (Under 2nd Tier 2 Sponsor)

Question 1: Am I still eligible to switch to Tier 4? if yes,
Question 2: Can I apply for ILR in September 2020 with 10 years route?

I appreciate your kind advice.
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sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by sah10406 » Sat Feb 09, 2019 9:13 am

Mr AAL wrote: ↑
Fri Feb 08, 2019 5:30 am
 Am I still eligible to switch to Tier 4?
Not sure what you mean by *still* eligible. It was always so that someone with Tier 2 leave can switch to Tier 4, and it still is. See https://www.gov.uk/tier-4-general-visa/ ... -this-visa.
Mr AAL wrote: ↑
Fri Feb 08, 2019 5:30 am
 Can I apply for ILR in September 2020 with 10 years route?
There is a tool on the gov.uk website where you can check your eligibility to settle:
https://www.gov.uk/settle-in-the-uk
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.
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Mr AAL
Newbie
Posts: 34
Joined: Tue Aug 28, 2018 9:30 pm

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by Mr AAL » Sun Feb 10, 2019 5:44 am

sah10406 wrote: ↑
Sat Feb 09, 2019 9:13 am
Mr AAL wrote: ↑
Fri Feb 08, 2019 5:30 am
 Am I still eligible to switch to Tier 4?
Not sure what you mean by *still* eligible. It was always so that someone with Tier 2 leave can switch to Tier 4, and it still is. See https://www.gov.uk/tier-4-general-visa/ ... -this-visa.
Mr AAL wrote: ↑
Fri Feb 08, 2019 5:30 am
 Can I apply for ILR in September 2020 with 10 years route?
There is a tool on the gov.uk website where you can check your eligibility to settle:
https://www.gov.uk/settle-in-the-uk
Thank you for your information.
My employer paying me 29100/yr since 01 Sep 2015 to 31 Aug 2018.
I had a pay raise to £36,000 from 31 August 2018 and my sponsor delayed and will pay dues 5 x 6500 for some cash flow problem. He will clear my due payment of (5 x 6500) on 31 March 2019. Do you think this will make any problem if I apply for ILR on September 2019?
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GrimAI
Newly Registered
Posts: 9
Joined: Sun Feb 03, 2019 11:21 am
India

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by GrimAI » Sun Feb 10, 2019 9:20 am

sah10406 wrote: ↑
Sun Feb 03, 2019 8:30 pm
 From your questions above, I assume you want to work as long as possible, so it make sense to apply for the Tier 4 leave as late as possible. If however you want to get the Tier 4 visa as *soon* as possible so you can travel, this will mean you need to stop working sooner. You probably need to decide what is your priority, working or travelling.
Thank you! This makes perfect sense.
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sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by sah10406 » Mon Feb 11, 2019 8:23 am

Mr AAL wrote: ↑
Sun Feb 10, 2019 5:44 am
 Do you think this will make any problem if I apply for ILR on September 2019?
sah10406 wrote: ↑
Sat Feb 09, 2019 9:13 am
 There is a tool on the gov.uk website where you can check your eligibility to settle:
https://www.gov.uk/settle-in-the-uk
If you are looking for one-to-one advice on your settlement application, that's best done with a professional adviser.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.
Top
sah10406
Diamond Member
Posts: 3602
Joined: Sun Apr 20, 2008 10:09 am

Re: Questions about switching from Tier 2 General to Tier 4 in the UK

Post by sah10406 » Mon Feb 11, 2019 8:25 am

Mr AAL wrote: ↑
Sun Feb 10, 2019 5:44 am
 Do you think this will make any problem if I apply for ILR on September 2019?
As previously advised,
sah10406 wrote: ↑
Sat Feb 09, 2019 9:13 am
 There is a tool on the gov.uk website where you can check your eligibility to settle:
https://www.gov.uk/settle-in-the-uk
If you are looking for one-to-one advice on your settlement application, that's best done with a professional adviser.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.
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