Tier 4 to Tier 2 switch without a obtaining a degree

[nijumenso]

I completed my bachelor degree from 2008 to 2011, and then I got psw form 2011 to 2013, after that I applied tier 4 on my postgraduate diploma course in actuarial science from 2013 to 2014 and then another tier 4 visa on my msc course in actuarial management for 2014 to 2015. unfortunately due to my illness occurred during my exam period, some of my msc exams are postponed to january 2016 and april 2016, so i cannot graduate before my current visa expires which is 30 jan 2016, all my previous visas are continuous.

Now there is a company which would like to hire me, however the lawyers i consulted all told me that i didnt meet the application eligibility because i didnt receive a degree in a continuous tier 4 visa. I am very desperate now and don't know what to do, on the tier 2 guidance it didn't say that i have to get the degree in a continuous tier 4 visa if im reading it correctly.

I really need your help!!! your advice will be greatly appreciated!! Thank you in advance!!

[geriatrix]

The lawyers advised you correctly. Read 245HD(d), in particular 245HD(d)(iii).

[nijumenso]

The lawyers advised you correctly. Read 245HD(d), in particular 245HD(d)(iii).

(iii) The applicant must have studied the course referred to in (d)(i) during:
(1) his last grant of leave, or
(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.)

As my bachelor degree was obtained during my continuous leave I believe I satisfied (iii)(2).

[sah10406]

As my bachelor degree was obtained during my continuous leave I believe I satisfied (iii)(2).

You do. The lawyers and the advice offered above don't seem to understand that.

The main thing is that your employer understands that you can switch to Tier 4 in the UK, because it affects the type of COS they need to issued.

[geriatrix]

You were a PSW migrant between 2011 and 2013. The continuous leave needs to be Tier 4 leave, AIUI.

e.g. -
You cannot claim to be able to switch from Tier 4 to Tier 2 on this basis (continuous leave):
1. having gained a qualification obtained in 2009, and
2. switching to FLR(M) and spending 4 years on FLR(M) leave, and
3. then switching back to Tier 4 in 2013 but then fail to complete the degree that you switched to Tier 4 for ...

and say .... I got this qualification in 2009 and have had continuous leave since then so I qualify to switch to Tier 2 on the basis of this qualification.

IMHO ..

[sah10406]

You were a PSW migrant between 2011 and 2013. The continuous leave needs to be Tier 4 leave, AIUI.

Where are you getting this from?