Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Switch from Tier 2 to tier 4

Only for UK Tier 4 (Student) points system
Tier 4

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

Post Reply
vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Switch from Tier 2 (general) to Tier 4

Post by vonka » Thu Apr 11, 2019 12:34 pm

Hi everyone,

I am in the UK on a Tier 2 visa (general), but I'd like to change to a Tier 4 and start a MSc.
I would do that well in advance of the expiry date of my Tier 2. Would anyone be able to advise on this?

My biggest concern is whether my tier 2 gets automatically cancelled (not instantaneously, but in 60 days) when I apply for a tier 4.
In such case, if I got my new tier 4 refused for whatever reason, would that then leave me with no visa at all?

Another question that I have is if I should give notice to my employer before applying.

Has anyone done it?

Thanks!

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 2 (general) to Tier 4

Post by sah10406 » Thu Apr 11, 2019 1:05 pm

vonka wrote:
Thu Apr 11, 2019 12:34 pm
My biggest concern is whether my tier 2 gets automatically cancelled (not instantaneously, but in 60 days) when I apply for a tier 4.
No. You are thinking of curtailment when a sponsored job ends early.
vonka wrote:
Thu Apr 11, 2019 12:34 pm
In such case, if I got my new tier 4 refused for whatever reason, would that then leave me with no visa at all?
No, unless the Tier 2 leave itself has expired.
vonka wrote:
Thu Apr 11, 2019 12:34 pm
Another question that I have is if I should give notice to my employer before applying.
That isn't an immigration requirement, but you should probably check the terms and conditions of your employment to see if there is anything there about it.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Switch from Tier 2 to tier 4

Post by vonka » Fri May 24, 2019 2:19 pm

Hi all,

I am on a Tier 2 and want to switch to a Tier 4.

I would not like to inform my current employer until I have my Tier 4 approved as it may put my current situation at risk should anything fail with the Tier 4 visa.

So I am planning to apply through the priority service, which takes 5 days and would then allow me to both:
1. give notice only after my Tier 4 is granted
2. still have a reasonable period of time to finish things off at work.

So if the course starts on 1 October, I'd apply for swith to Tier 4 on early July, have it sorted in 5 days and be able to give notice around 10 July.

My question is, how would that work?

1. Would my tier 2 still be valid until the tier 4 comes into place? that is, would I be able to still work under my tier 2 from the moment I get my decision and until my Tier 4 replaces the current Tier 2?

2. Would I be able to leave the UK and come back under my tier 2 within that period of time (from the decision date until the start date of the course)?

Thanks!

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Re: Switch from Tier 2 (general) to Tier 4

Post by vonka » Sat May 25, 2019 5:54 pm

Thanks a lot, sah10406, much appreciated

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Re: Switch from Tier 2 to tier 4

Post by vonka » Fri Jun 07, 2019 11:21 am

vonka wrote:
Fri May 24, 2019 2:19 pm


1. Would my tier 2 still be valid until the tier 4 comes into place? that is, would I be able to still work under my tier 2 from the moment I get my decision and until my Tier 4 replaces the current Tier 2?
I'm sorry to bother again, but PLEASE could anyone give me some aid on this? Even if it's not a definite response. I am absolutely lost, and the immigration advisors at my new institution said they could not give me a response.

Applying fast track and getting my visa 2 months in advance of my new start date is the only way I can find to give a decent notice period (but giving notice only when everything is finalised). But only if I can actually carry on working during those 2 months!

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 2 to tier 4

Post by sah10406 » Fri Jun 07, 2019 11:43 am

vonka wrote:
Fri Jun 07, 2019 11:21 am
I'm sorry to bother again, but PLEASE could anyone give me some aid on this? Even if it's not a definite response. I am absolutely lost, and the immigration advisors at my new institution said they could not give me a response.
Given that this is about whether your employer will allow you to continue working for them, I don't understand why you seem to be asking everyone except the employer about this matter. The student advisers at your university will have no specific expertise in work visa issues, and while this board is useful for discussion it is never good to solicit visa advice from the unqualified unregulated general public.

The principle in UK immigration is that when new leave is granted, it automatically cancels any previous leave. The question is, when you are granted Tier 4 leave, will your employer allow you to continue to work for them under your new Tier 4 work conditions. That is a question for them. For sure there is no specific provision under the Tier 4 work conditions to allow work before the start of the course, only during and after, so you probably need to be prepared for not being allowed to work.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Re: Switch from Tier 2 to tier 4

Post by vonka » Sat Jun 15, 2019 11:18 am

Thanks for your response.
sah10406 wrote:
Fri Jun 07, 2019 11:43 am
Given that this is about whether your employer will allow you to continue working for them, I don't understand why you seem to be asking everyone except the employer about this matter.
because I would not like to let my employer know before I have been granted my new visa, just to be on the safe side.

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Re: Switch from Tier 2 to tier 4

Post by vonka » Sat Jun 15, 2019 11:23 am

sah10406 wrote:
Fri Jun 07, 2019 11:43 am
The principle in UK immigration is that when new leave is granted, it automatically cancels any previous leave. The question is, when you are granted Tier 4 leave, will your employer allow you to continue to work for them under your new Tier 4 work conditions. That is a question for them. For sure there is no specific provision under the Tier 4 work conditions to allow work before the start of the course, only during and after, so you probably need to be prepared for not being allowed to work.
Thanks, this does point me in the right direction, i.e., knowing that the change to T4 would be immediate and what I would be looking for is working under a T4.

In that regard, both the T4 guidance and the "employer's guide to right to work checks" say that students are permitted to work part-time during term and full-time during vacations.

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 2 to tier 4

Post by sah10406 » Sat Jun 15, 2019 8:27 pm

vonka wrote:
Sat Jun 15, 2019 11:23 am
In that regard, both the T4 guidance and the "employer's guide to right to work checks" say that students are permitted to work part-time during term and full-time during vacations.
But not before the course starts.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Re: Switch from Tier 2 to tier 4

Post by vonka » Thu Jun 20, 2019 7:25 pm

Hi again,

When applying for a T2 to T4 switch, I came across the requirement of a letter of consent from my previous sponsor.

Does anybody know whether I need a letter of consent form the EU confirming I have their permission to continue my studies in the UK? My current job is under a T2 visa and the current funding comes from a EU Horizon 2020 - International training network.

Thanks.

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 2 to tier 4

Post by sah10406 » Thu Jun 20, 2019 8:07 pm

vonka wrote:
Thu Jun 20, 2019 7:25 pm
Does anybody know whether I need a letter of consent form the EU confirming I have their permission to continue my studies in the UK? My current job is under a T2 visa and the current funding comes from a EU Horizon 2020 - International training network.
You have misread the requirement. It is about some previous financial sponsorship under Tier 4, nothing to do with Tier 2. See paragraphs 212 and 213 of the Tier 4 guidance.

https://www.gov.uk/government/publicati ... -4-student

212. Within the last 12 months, you may have been financially sponsored to be in the UK by a government or an international scholarship agency in one of the following categories:
Tier 4 (General); or
Tier 4 (Child) Student.

213. If you are currently financially sponsored by a government or an international scholarship agency, or your financial sponsorship ended within 12 months of your application being made, you will need your sponsor’s permission to stay in or re-enter the UK. You must provide us with your financial sponsor’s
unconditional consent in writing. This must confirm that your sponsor has no objection to you continuing your studies in the UK. If your financial sponsor does not give consent, we will refuse the application.


Given your ongoing multiple queries about the Tier 4 application, I strongly advise you get one-to-one advice about it from the international student adviser at your university
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

vonka
Newly Registered
Posts: 14
Joined: Thu Apr 11, 2019 12:25 pm
India

Re: Switch from Tier 2 to tier 4

Post by vonka » Thu Jun 20, 2019 10:02 pm

sah10406 wrote:
Thu Jun 20, 2019 8:07 pm

You have misread the requirement. It is about some previous financial sponsorship under Tier 4, nothing to do with Tier 2. See paragraphs 212 and 213 of the Tier 4 guidance.
Many thanks once again for your response. I know, I had read that so I wasn't worried about it. But then, during the application, I was asked
"Are you currently receiving money from an official financial sponsor?"
I replied Yes given that, although on a Tier 2, my funding comes from the EU.
But then, in the document section, I was required that letter of consent.
sah10406 wrote:
Thu Jun 20, 2019 8:07 pm
Given your ongoing multiple queries about the Tier 4 application, I strongly advise you get one-to-one advice about it from the international student adviser at your university
Sure, I have asked and they are dealing with my case. But I have great respect for the advice given in this forum and that's why I ask, if that's not a problem. It usually points me in the right direction to further investigate in the guidelines. I understand it is nothing more than that and I won't proceed solely on the basis of the answers I get here.

sah10406
Diamond Member
Posts: 2171
Joined: Sun Apr 20, 2008 10:09 am

Re: Switch from Tier 2 to tier 4

Post by sah10406 » Fri Jun 21, 2019 8:24 am

vonka wrote:
Thu Jun 20, 2019 10:02 pm
I know, I had read that so I wasn't worried about it. But then, during the application, I was asked
"Are you currently receiving money from an official financial sponsor?"
I replied Yes given that, although on a Tier 2, my funding comes from the EU.
That is not what an official financial sponsor means. See paragraphs 209 to 213 of the Tier 4 guidance for what it means.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Post Reply
cron