Tier 2 ICT dependent to Tier 4 General (Bachelor or Master level)

[KIRANPURABIA]

Hi All,
I am currently on Tier2-ICT VISA in UK since Oct-2015 and my leave is due to expire on Oct-2020, which will mark 5 years on Tier2-ICT for me and my family in UK, there is no possibility of further extension of my Tier2-ICT due to salary threshold.

Currently as a Tier2-ICT dependent spouse, my wife has started on the BA(hons) ‘Bachelors of Business Studies’ Course from London School of Commerce (University of Wales Trinity Saint David) from Jun2018 – Jun2020 (2 years)
I have couple of question which will help me decide on next course of action to extend my stay in UK legally.

Case1:
1. Can my wife apply for Tier 4 Student Visa now (from home country) and switch from Tier2-ICT dependent spouse to Tier4 (General) student?
a. Once her application is successful if I apply to switch from Tier2-ICT to Tier 4 dependent with in UK, will I get ‘right to work’ in UK as her dependent and continue my current job?
2. For some reason If her Tier4 application gets rejected will she lose her existing leave to remain in UK as a Tier2-ICT dependent?

Case2:
1. She completes her BA(hons) as Tier2-ICT dependent by Jun2020 and then apply for Tier4 student (from home country) for a course at master degree level before our existing Tier2-ICT leave to remain expires i.e. (20-Oct-2020)
a. Once her application is completed I switch from Tier2-ICT to Tier 4 dependent within UK, will I get ‘right to work’ in UK as her dependent and continue my current job?
2. Does she need her original BA(hons) degree from UK university to apply for Tier 4 Student for master’s degree or only mark transcript will be fine, as I believe the original degree from university will not be issue before Oct-2020.
3. After she completes her BA(hons) in June 2020, we will have 4 months to apply for her Master Degree course and Tier4 Visa, does 4months sound enough time to achieve this successfully.
Thank you in advance for your advice.

[SamTiger]

Case1:
1. Can my wife apply for Tier 4 Student Visa now (from home country) and switch from Tier2-ICT dependent spouse to Tier4 (General) student?

Yes

a. Once her application is successful if I apply to switch from Tier2-ICT to Tier 4 dependent with in UK, will I get ‘right to work’ in UK as her dependent and continue my current job?

As Tier 4 dependent, you are eligible to work full time (See paragraph 319D(b)(iii) of the Immigration Rules). You will have to discuss with your employer if they can allow you to continue in your current role.

2. For some reason If her Tier4 application gets rejected will she lose her existing leave to remain in UK as a Tier2-ICT dependent?

Once she applies for Tier 4, her existing leave gets cancelled. She has to apply again as Tier 2-ICT dependent.

Case2:
2. Does she need her original BA(hons) degree from UK university to apply for Tier 4 Student for master’s degree or only mark transcript will be fine, as I believe the original degree from university will not be issue before Oct-2020.

Transcripts alone won't be treated as valid. You will have to discuss with the university visa advice team as this is highly important for the visa.

3. After she completes her BA(hons) in June 2020, we will have 4 months to apply for her Master Degree course and Tier4 Visa, does 4months sound enough time to achieve this successfully.
Thank you in advance for your advice.

Four-month time is bit tight even if you have all documents ready, especially CAS, academic certificates and financials. And you will have to watch out your leave as it expires in October. Have an open discussion with the university visa team on your circumstances. They would have come across many such. Good luck!

[KIRANPURABIA]

Hi Sam,

Thanks for your reply, if possible please help me with additional clarification on below points.

As Tier 4 dependent, you are eligible to work full time (See paragraph 319D(b)(iii) of the Immigration Rules). You will have to discuss with your employer if they can allow you to continue in your current role.

I believe this is possible only if the Tier4 Student is applying for a course which is at NQF level 7 & above and valid for more than 12-months. In my case, my wife is currently pursuing BA(hons) a bachelor level course which is at NQF level 6. Does that mean I will not be getting 'right to work' or she may not be able to apply for dependents all together?


'Transcripts alone won't be treated as valid. You will have to discuss with the university visa advice team as this is highly important for the visa.'
Is the original degree document, requirement of CAS issuing University or Home Office, because if it relates only to university then her current university should be able to approve her CAS for maters course based on her transcripts as her Degree is pending with them only.

Also one more additional question, when I apply for her Tier4 will it be ok if I show the maintenance funds in UK account which we have legally earned while in UK on Tier2 ICT or do I need to transfer it to our home country and show it in an bank account there?

Thanks in advance for your advise and assistance.

Regards,
Kiran

[SamTiger]

As Tier 4 dependent, you are eligible to work full time (See paragraph 319D(b)(iii) of the Immigration Rules). You will have to discuss with your employer if they can allow you to continue in your current role.

I believe this is possible only if the Tier4 Student is applying for a course which is at NQF level 7 & above and valid for more than 12-months. In my case, my wife is currently pursuing BA(hons) a bachelor level course which is at NQF level 6. Does that mean I will not be getting 'right to work' or she may not be able to apply for dependents all together?

See https://www.gov.uk/tier-4-general-visa/family-members

You can apply to bring a dependant to the UK if you’re:
sponsored by a higher education institution on a course at level 7 on the Ofqual register or above that lasts 9 months or more.

Once you're in as a Tier 4 dependant, you're entitled to work full time.

Is the original degree document, requirement of CAS issuing University or Home Office, because if it relates only to university then her current university should be able to approve her CAS for maters course based on her transcripts as her Degree is pending with them only.

You must submit the certificates based on which the CAS was issued. You will have to see the documents specified in your CAS. That's why I advised you to discuss this crucial aspect with your sponsor.

Also one more additional question, when I apply for her Tier4 will it be ok if I show the maintenance funds in UK account which we have legally earned while in UK on Tier2 ICT or do I need to transfer it to our home country and show it in an bank account there?

Funds must be in an account that bears the name of the applicant. If your UK account is a joint one, that would do as well.

[SamTiger]

Funds must be in an account that bears the name of the applicant. If your UK account is a joint one, that would do as well.

Problem here is, getting the bank statements authorised by the bank. You will need to send it to the applicant. Do discuss this with your university visa team as well.

[KIRANPURABIA]

Hi,

Appreciate your quick response, as you mentioned if course is full time and for more than 9 months than the main applicant is allowed to bring in dependents and also the dependent gets full right to work.

I spoke to my immigration lawyers and they say permission for dependent and right to work only arise in case of course which are above level7 or Masters Degree AND more than 12months

I am visiting the university visa team next week and will try to clarify this with them and get their view point. Additionally will you be able to suggest me immigration lawyer who can help me with this process as my current lawyers are stating, in their experience level 6 or bachelors degree level course irrespective of their duration are not eligible for dependent travel and no right to work as well for dependent.

(Apologies if asking for immigration lawyer suggestion is against any forum policy.)

Regards,
Kiran

[CR001]

Additionally will you be able to suggest me immigration lawyer who can help me with this process as my current lawyers are stating, in their experience level 6 or bachelors degree level course irrespective of their duration are not eligible for dependent travel and no right to work as well for dependent.

(Apologies if asking for immigration lawyer suggestion is against any forum policy.)

Yes, it is against the forum rules and such details are not permitted to be posted.

[KIRANPURABIA]

Thanks for informing, I will get in touch with some immigration lawyers from my end after meeting with university visa tea, and update the forum on what I learn and what my experience has been.

Cheers and Thank You.