T4G to T2G: Degree question

[smarter1]

Hello,

I have the following situation. I am currently on a Tier4 General visa and will be getting my diploma (equivalent to Masters degree) in the next couple of months. I may be able to secure a employment from A trusted Tier 2 Sponsor who will sponsor me. In the current edition of immigration rules at para 245HD (d) (i)-(iii) it is said that a person must have completed and passed either bachelors or masters course during the current stay as a student.

My only confusion is this:

(2) a period of continuous leave which includes his last grant of leave, (for these purposes continuous leave will not be considered to have been broken if any of the circumstances set out in paragraphs 245AAA(a)(i) to (iii) of these Rules apply.).

The issue is as follows: I will have to re-sit one of my exams I failed during my current visa, so I will not be able to get a degree before my current visa expires. And it also not a Masters anyway. In 2012 I successfully completed Masters, so my question is as follows:

Will I be able to rely on Rule 245HD (d)(iii)(2) and use my Masters (awarded in 2012) to switch from Tier 4 to Tier 2 provided that my sponsor will comply with all the requirements?

Many thanks.

[manci]

you may find para 16 of the T2 policy guidance more concise than the immigration rule you quoted:
https://www.gov.uk/government/uploads/s ... _07-14.pdf

[smarter1]

Hello,

Correct, Policy Guidance is more user friendly but my point is not even listed there and I also prefer to stick to law rather than to a summary.

[manci]

the immigration rules and the guidance say the same thing and are quite clear.

If you have had continuous T4 leave from the time you obtained your Masters degree in 2012 then you meet the requirements. Since you didn't post your immigration history readers of your post cannot tell if that is the case.

What is your question?

[smarter1]

Manci, thanks a lot for your time.

Sorry, I have been rather hectic in explaining my story. Here is my story:

1. Got my Tier 4 visa to study Masters in August 2011. The course dates were 01 October 2011 - 01 October 2012.

2. Got another Tier 4 visa to study law conversion course (GDL), dates January 2013 - August 2013.

3. Got another Tier 4 visa to study Legal Practice Course, dates September 2013 - August 2014.

Both 2 and 3 are not Master degrees but Diplomas although 2 is equivalent to Bachelors degree and 3 is equivalent to Masters degree.

Now, I have not been absent from UK for a long time, actually a couple of times for no longer than 2 weeks. My question is as follows: Provided that my Tier 2 sponsor complies with all requirements of Tier 2 General visa, will I be able to switch from Tier 4 into Tier 2 visa by relying on my Masters degree?

Thanks

[manci]

please give the valid from and expiry dates of all 3 visas and state which was issued abroad (entry clearance) and which in the UK.

[smarter1]

1. LLM: August 2011 - January 2013 (Entry clearance)

2. GDL: March 2013 - September 2013 (Residence card issued inside UK)

3. LPC: October 2013 - August 2014 (Residence card issued inside UK)

[manci]

did you apply for the GDL leave from the UK before the LLM leave expired?

[smarter1]

did you apply for the GDL leave from the UK before the LLM leave expired?

Yes, of course. I never overstayed in UK.

[manci]

Since you studied for and obtained your masters degree during a period of continuous T4 leave which includes your current T4 leave, you comply with 245HD(d)(iii) and IMHO you are eligible to switch to T2G provided you meet the other requirements.

[smarter1]

Hi Manci,

Thanks a lot for your reply! That is what I suspected.

[ECOTROT]

I would also back up what Manci has told you.

I would just add that you may wish to explain this in a supporting letter, to make it perfectly clear.

But in terms of continuous leave, it counts so long as you applied for leave to remain before your previous leave expired. As long as you passed at least one of those courses, and you can supply original transcripts or a degree certificate which complies with the guidance, you will be eligible to switch to Tier 2 General in country.

Btw these documents will double up to meet the English language requirement as well

[smarter1]

I would also back up what Manci has told you.

I would just add that you may wish to explain this in a supporting letter, to make it perfectly clear.

But in terms of continuous leave, it counts so long as you applied for leave to remain before your previous leave expired. As long as you passed at least one of those courses, and you can supply original transcripts or a degree certificate which complies with the guidance, you will be eligible to switch to Tier 2 General in country.

Btw these documents will double up to meet the English language requirement as well

Great, thanks a lot!