confusion re cooling-off period, Tier 4 and ILR complication

[teator]

Hi all,

I am currently on tier 4 visa which is due to expire in October. I have been working part-time for over 2 years now. My company is currently conducting RLMT to find full-time cover but looks like it is difficult as 28 days are nearing the end and no suitable candidate found yet. So they are offering me tier 2 sponsorship.

I was doing non-degree course on which I still have few modules left before getting fully qualified and it is not a degree course anyway. So I can not switch from tier 4 to tier 2 in-country and need to apply for entry clearance. Plan is to wait for September allocation and if COS granted then leave at end of September (2 weeks before current leave expires) and re-apply out-off country. I hesitate a bit because of following:

a) Not sure if cooling-off rule applies to my case.
b) I also fear that this process will take long enough to break my qualifying period for long residency route. I leaved here for past 8.5 years now. And I also might end up making an application after my current tier 4 visa expires whilst being out-off country (in case COS allocation is delayed for some reason).

Both these 2 reasons can potentially break long residency option for me and I would rather get my tier 4 visa extended instead. On the other hand it would be also nice to secure the full-time job which I really like and finish off remaining modules on evening/distance course.

So could someone with enough experience and knowledge please advise if my doubts have a reasonable grounds to reject my employers offer and follow tier 4 route instead?

Thanks in advance

[Frontier Mole]

How does the 5 year cap affect you? Can you actually apply for a tier 4 visa?
That might be a deciding factor so once you know we can advise you better.

[physicskate]

Hi all,

I am currently on tier 4 visa which is due to expire in October. I have been working part-time for over 2 years now. My company is currently conducting RLMT to find full-time cover but looks like it is difficult as 28 days are nearing the end and no suitable candidate found yet. So they are offering me tier 2 sponsorship.

I was doing non-degree course on which I still have few modules left before getting fully qualified and it is not a degree course anyway. So I can not switch from tier 4 to tier 2 in-country and need to apply for entry clearance. Plan is to wait for September allocation and if COS granted then leave at end of September (2 weeks before current leave expires) and re-apply out-off country. I hesitate a bit because of following:

a) Not sure if cooling-off rule applies to my case.
b) I also fear that this process will take long enough to break my qualifying period for long residency route. I leaved here for past 8.5 years now. And I also might end up making an application after my current tier 4 visa expires whilst being out-off country (in case COS allocation is delayed for some reason).

Both these 2 reasons can potentially break long residency option for me and I would rather get my tier 4 visa extended instead. On the other hand it would be also nice to secure the full-time job which I really like and finish off remaining modules on evening/distance course.

So could someone with enough experience and knowledge please advise if my doubts have a reasonable grounds to reject my employers offer and follow tier 4 route instead?

Thanks in advance

You need to have a gap of more than 6 months between valid visas (if you are outside the UK during that time) to break long term residency. Cooling off will not apply to you as you do not currently have Tier 2 leave to remain.

[teator]

How does the 5 year cap affect you? Can you actually apply for a tier 4 visa?
That might be a deciding factor so once you know we can advise you better.

I still have 2 years left under the cap. But find it difficult to select suitable private college for tier 4 extension. Due to recent actions against private colleges, including mine, I am a bit hesitant to trust them and it is now too late to seek admission in to Universities.

You need to have a gap of more than 6 months between valid visas (if you are outside the UK during that time) to break long term residency. Cooling off will not apply to you as you do not currently have Tier 2 leave to remain.

Thanks for advising on cooling off. Could you please direct me to guidance for long residence please, it is deleted or I could not locate it . Was only able to find 5 page short guide next to application form. I would like to find something similar to
https://www.gov.uk/government/uploads/s ... eriods.pdf
but this is not suitable for long residence period requirement calculations (see page 7).

I want to make sure my continuous period is maintained after my current leave will expire whilst I am away. Will I have to apply for entry clearance within 28 days? According to this document this is the case for some of the visa categories but not sure regarding long residence. Would be nice to have a little bit more flexibility in case something goes wrong.