URGENT HELP *REFUSED* *SWITCHING FROM TIER 4 TO TIER 2*

[nsbs814]

Last year I applied from a highly trusted college in order to extend my visa (Tier 4). However, my visa has been refused on the basis that i was not able to show my maintenance for 28 days as I was planning to show my bank statement from Bangladesh and unfortunately, that bank was not listed as one of the listed financial institutions listed by UKBA (Although I sent a cover letter along with 23days bank statement issued by Halifax Bank). Therefore after getting my refusal letter I appealed, it was refused again. I applied to get permission for appeal twice and no permission granted from FTT & UTT.

I have got 28days to make fresh application and now I am considering to apply for work permit (Tier 2) as recently I have been offered a job. I have had conversations with two Barrister, one of them told me that I can not make application for work permit because I don't have "valid visa". I don't still understand why do I not have "Valid Visa" if I could actually make a fresh application within 28 days.

On the other hand, Other Barrister advised me that my fresh application won't be affected by earlier decisions by UKBA. So If I apply for "work permit", there will be 100% chance of obtaining visa. I am really confused at the moment about whether I should apply for student visa or work permit / Withdraw my appeal and go back to Bangladesh. Am I allowed to switch from "TIER 4" to "TIER 2" although my application has been rejected? According to GOV.CO.UK, I can apply to switch from another visa to a Tier 2 (General) visa before my current visa expires. Have I already lost my "Current visa"?

It will be highly appreciated If anybody could make any suggestions for my next step for my application. thanks.