Student visa to work permit

[dboone]

Hello,

I'm seeking information on transferring from a student visa to a work permit.

I am a US citizen currently in the UK on a student visa for my PhD. I'm in the writing-up stage of my degree, which means that I have no courses, exams, or any responsibilities other than writing the thesis and submitting it.

In the meantime, I've been offered a position with a UK firm which is willing to sponsor a work permit for me. They would like me to start in the first week of February, 2008. My student visa expires on 1st Jan 2008.

I will either complete and submit my thesis before beginning employment, or I will finish writing it in the evenings after starting the job and submit when it has been completed.

Obviously I will need to obtain a work permit, but the timing of my student visa expiration complicates matters. I am prepared to apply for an extension of my student visa, with no shortcomings in my documentation, but am hesitant to do so because of the fact that my employment would start so soon after the extension was granted.

What is the best approach in this situation? Should I go ahead and apply for the extension to my current student visa, which would be superseded by the work permit whenever it is granted, or should I simply ensure that the application for the work permit is sent prior to the expiry of my current student visa? I assume that I will be able to apply for either from within the country - I already possess a BSc from an American university, and an MSc from a British university, which seems to fulfill the requirements that I've read about online.

Any advice would be most appreciated!

[avjones]

Do you qualify for HSMP?

[dboone]

Not currently, unfortunately. I come up 5 points short.

Once I've submitted my thesis, gone through the viva process, and been awarded the degree I will qualify, but that won't be for some time - vivas usually take at least 3 months to set up after submission of the thesis, and then there will be another few months after the viva before the degree is awarded.

[dboone]

I received an email from the BIA in response to my question, unfortunately it was a copy and paste of the information on their website, not a clarification. What interests me is the point:

Nationals from non-EEA countries may apply to switch into work permit employment without leaving the UK provided they satisfy the work permit criteria and have existing leave as:
* A student who has obtained a degree level qualification at a UK higher or further educational establishment

Does this refer specifically to the degree that I currently have leave to undertake, or can I apply my previous MSc to this point? The MSC was obtained in 2003, which rules out IGS, but I don't see any language saying whether or not it can be used for switching without leaving the country.

[sunnyday]

Hi, I think you should try calling the HO to find out.

[dboone]

Ok, after talking to various people of varying levels of competency at BIA, I think I've worked out the best course of action. Since my student visa expires on Jan 1, 2008, and the employment offer runs from Feb 4th, 2008, I'll clearly need to apply for an extension to my student visa to cover the intervening month. Expensive, but really the only option.

The person I spoke to about switching from my student visa to the LTR associated with the work permit said that this would be fine without my having to leave the country, despite the fact that in February I'll simply have submitted my thesis, not actually been awarded the degree. She sounded a bit unsure though, so I'll probably call back tomorrow to re-check this.

In the meantime, does this all sound reasonable to those here with experience in such matters? My documentation and background are all fine, I just want to be sure that I'm going about things in the best way.

[VictoriaS]

No, it doesn't.

If you have not been awarded the degree then you will NOT be able to switch in country. I'm not sure how many times I have to save this, but I fear that you are going to be throwing money away.


Victoria

[dboone]

Thanks for your comments - it's good to have someone who understands these things, evidently better than the people who answer phones at the home office!

What would you suggest as the best way to go about things in this situation? I'll have LTR on my student visa extension which will extend some way into 2008, but from what you've said, to move from that onto a work permit I'll have to leave and re-enter the country. Is it possible for me to apply for the WP and associated LTR from within the UK, leave, and then re-enter with those permissions? Or will I have to apply for the LTR from outside the country?

Assuming the latter, and in the worst-case scenario that the WP/LTR is rejected, would I still be able to re-enter on my extended student visa?

Thanks for your help - it's so beneficial to have someone to answer questions, and I'm incredibly grateful.

[VictoriaS]

Quite simply, if I were you I'd get the work permit application made asap on an out of country basis (although while you are physically in the UK) , then when it is approved leave the UK before the current visa expires, and get entry clearance before the start date of the job. This will save you getting an extension to the student visa that you don't need, and will save applying for the FLR IED which will be refused.


Victoria

[dboone]

Excellent, that's just the kind of advice I need to hear. Thank you very much.

One last question - will the fact that I will still be registered at my University as a postgraduate in the write-up stage of my thesis have any effect on this application procedure? My submission date is in advance of my start date for this position, but the actual qualification won't be awarded until after the viva examination (a one-day process), which will take place later in 2008.

Essentially, after I submit my thesis there will be several months when I have absolutely nothing to do with regards to my degree, and I would like to be employed on this work permit beginning immediately after my submission, but prior to the awarding of the qualification.

Many thanks!

[VictoriaS]

From what you have said, no, there is no problem with what you intend to do.

If your employers want assistance with the work permit application, do please let me know.


Victoria

[dboone]

That's great, thank you so much Victoria. I'll get in contact with my employers ASAP and give them all the necessary information. I'm not sure what their process is for WP applications, but I'll be sure to PM you if they need assistance.

I sent you a previous PM earlier, but you can disregard it - you've answered the questions here.

Again, I'm really grateful. This is such a stressful process, and you've eased my anxiety hugely.

[dboone]

Hello again,

An update - my employer still hasn't applied for the work permit, but are planning to do so this week. In the meantime, I'm going to go ahead and renew my student visa to avoid the risk of having to leave the country permanently if the WP is rejected. If they'd applied back when I pressed the importance of doing it ASAP this could have easily been avoided, but no such luck.

Will the fact that I'm renewing a student visa (in-country) at the same time that an out-of-country work permit is applied for be an issue? I would still leave the country and re-enter with LTR once the WP is granted.

Thanks for any help.