Tier 4 to Tier 2 Switch after expiry

[LittleTeo]

Hello,

The employer seeking to employ me is setting up his business here in the uk and is currently obtaining his business license. He mentioned that by the time he would be able to get his Visa license together with the relevant COS, it would be in February (safe estimate as he would have to get his business license first). When applying for the COS. He would be applying for a Tier 4 to Tier 2 switch which would skip the Labour market test. But the Tier 4 visa expires in January 18th.

So the question is, if the visa does expires, but the employer manages to get the COS. Can the applicant apply for a Tier 2 visa using that COS after his Visa expires?

The employer doesn't mind paying immigration skills charge, but would think that he would have problem passing the labour market test. Thus, if the COS is granted, can the applicant applies for a Tier 2 visa directly rather than a switch. Or can the applicant applies for a switch from a recently expired tier 4?

Is there any method to solve this issue?

[iworker]

setting up a business and getting a licence straight away, may prove difficult.
I am unsure about the other question, so will let others to reply on that

[CR001]

If you are applying within the UK, you must apply before your current visa expires.

[LittleTeo]

If you are applying within the UK, you must apply before your current visa expires.

What about applying back at the home country? Would I still be able to skip the labour market test if the COS was granted based on a switch from Tier 4 to Tier 2. They are fine with paying the immigration skills charge. They would just like to skip the labour market test which would take 28 days. So if the COS was granted based on a switch and I apply from the home country after the visa expires, Could I apply as a new Tier 2 rather than a switch from the home country? Would I still be required to do the labour market test? The test is carried out before the COS stage right? So I am assuming once COS is granted, it would be after the labour market test phase?

I saw this exemption. So does it mean that even if my visa expires, as long as my last granted permission to stay was Tier 4, I Can skip the RLMT.
You do not have to carry out a RLMT if a migrant you want to sponsor is applying for Tier 2 (General) leave in the UK and has, or was last granted leave to enter, or to stay in the UK under one of the following:
Tier 1 (Post-study work)
Tier 1 (Graduate Entrepreneur)
The International Graduates Scheme
The Fresh Talent Working in Scotland Scheme
The Science and Engineering Graduates Scheme. or where
They have, or were last granted permission to stay in the UK as a Tier 4 migrant or as a student and during their last grant of leave, or a continuous period of leave that includes their last grant of leave, they have received final results confirming they:
have passed and will be (or have been) awarded a UK recognised bachelor' or master's degree, or
have passed and will be (or have been) awarded a UK Postgraduate Certificate in Education, or
have passed and will be (or have been) awarded a Professional Graduate Diploma of Education, or
have finished a minimum of 12 months study in the UK towards a UK PhD.

setting up a business and getting a licence straight away, may prove difficult.
I am unsure about the other question, so will let others to reply on that

Thanks. The employer seems confident that they would obtain the license, the issue is just with the timeline, they are just unsure of when they would get it.