Hi all I was given absolute discharge recently that counts as a non custodial order for a rail bye law offence. I would want to switch from tier 4 to tier 2/ graduate visa or global talent visa within a year. How could this affect my tier 2 or graduate work visa application? For example, I have read for ILR at least 24 months have to be passed before applying if one has an absolute discharge. Is there any minimum restriction for work visa such as graduate, tier 2, global talent or graduate visa? I read immigration rules on grounds for refusal and it says under 'Entry clearance and leave to enter' that such applications will have discretion of the officer if there is a non custodial sentence in the last 12 months (which I guess is absolute discharge).
I have two questions:
1) Is the switch from tier 4 to one of these work visa categories considered leave to remain or enter?
2) If the switch from tier 4 to global talent or graduate work visa is considered entry clearance (since its a new visa category)—would I be better off to wait 12 months so the discretionary refusal part does does not apply or would it still be ok to do so before 12 months (since it is not mandatory refusal category).
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