Employer dedicide not to sponsor before send out Tier 2 application

[sa6600922]

Dear Sirs,

Re: Failed to switch from Tier 4 to Tier 2

I am doing my bachelor degree in Finland and at my home university, there is a dual reward programme with Salford University. So I decided to get another degree in the UK. I came to the UK with a tier 4 student visa in September 2018 and I graduated in June 2019. I have been rewarded a degree certificate from Salford University so I am eligible to switch my Tier 4 visa to a Tier 2 visa. My tier 4 visa is valid from 07.09.2018 to 31.07.2019. My Finnish student visa expired on 14.08.2019.

Before my visa expired I managed to find a job which my employer promised me will sponsor me a Tier 2 Visa. However, we did not receive the sponsorship licence until the first week of August 2019 which is one week after my visa expired.

One day before my Tier 4 visa expired, my employer advised me to submit a visa application in order to drag time and avoid being an overstayer. The visa we submitted to drag time was FLR(M).

Now suddenly my employer decided not to sponsor me anymore (my tier 2 visa application has not been sent out yet). And I have not gone to my FLR(M) appointment yet.

My concerns are:

1. Because technically speaking I am still a Finnish student, and I am eligible to apply for a Finnish student visa. Can I apply a Finnish student visa within the UK or do I have to go back to my home country to apply for a Finnish student visa?

2. Because I would like to do my master's degree in the UK in the future, will I be suspected as an overstayer and receive a re-entry ban?

3. I spoke to a friend considering this issue, he told me that as long as I still have an ongoing vsia application I will not be seen as an overstayer. If this is the case, should I withdraw my FLR(M) application after I have left the UK or before I left the UK?

Please help, because I always try to comply with the law and now this happened. I do not want to be banned as my partner is in the UK.

Faithfully,
Jackson

[CR001]

1. You need to apply from your home country most likely.

2. Possibly, but unclear.

3. Not sure how you believe you qualify for FLR(M), which is for a spouse of a British citizen visa. HO is also hot on the ruse to make 'frivolous and vexatious applications simply to 'buy time'. Once you leave the UK, any application that is pending will be automatically withdrawn. You will also likely lose the fee paid.

[sa6600922]

Thank you for your reply. The only thing I am afraid of is according to Re-entry bans
Version 7.0 (https://assets.publishing.service.gov.u ... ans-v7.pdf

People may be the subject of a re-entry ban where they have previously breached
the UK’s immigration laws by:

• overstaying, for definition see ‘Administrative removal: categories’ of Liability to
administrative removal (non EEA) - consideration and notification
• breaching a condition attached to their leave
• being an illegal entrant, for definition see ‘Administrative removal: categories’ of
Liability to administrative removal (non EEA) - consideration and notification
• using deception in an application for entry clearance, leave to enter or remain
(whether successful or not)

I am afraid that if I leave the UK now and apply for a student visa let's say next year they will refuse me for using deception.