switching from tier 4 to tier 2

[ff88]

Hello. I am in a bit of confusion. Have spoken to so many lawyers and solicitors but no one has got the right answer. I am currenlty on tier 4 visa which was issued in May 2011 and will end in June 2012. My course is supposed to be ending in Febuary 2012.

However I have got a job offer. The sponsor has carried out RLMT. Now i am confused can I switch my immigration category ? I dont understand the point of UKBA that you must have completed a course of study of at least one academic year.

Logically I am eligible to apply. I score full points. What is the point of making an entry cleareance application then ? Although I havnt completed my course, job offer can be made to you at any point.

One solicitor told me that its just the policy guidance and not in law, you can make an application from inside the UK and if they refuse on completion of course base, we can successfully challenge it through High court. He gave me a case reference of Chickwamba Vs Regina. In which there was a point that, the applicant is eligible and will be granted a visa if she goes back to zimbabwe and apply from there, and the lawyer argued if she is eligible and will be granted a visa from zimbabwe then whats the whole point of going to zimbabwe to make an entry cleareance application when she is already eligible to apply.

Considering this case. What do you guys think ? Should I apply from inside the Country ?

[geriatrix]

See also Tier 4 to Tier 2 (general).

[geriatrix]

The Chikwamba case that you refer to, IMHO, has no similarity with your circumstances.

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[ff88]

will a minor drink driving offence with no punishment and no imprisonment will have an impact on my case ? I just got mandatory disqualification from driving for 9 months.

[geriatrix]

Was the mandatory disqualification ordered by a judge? If so, was it a result of a conviction?

[ff88]

yes yes. It was a criminal conviction. I got a conditional discharge of 12 months. Which means after 12 months my conviction will be spent. It was very minor offence with just a few points above the legal limit.

I dont see my self being fit into paragraph 320. But still I want to make sure.
Because paragraph 320 (18) says that you need to be convicted of an offence which carries a prison sentence of 12 months or more. Drink drive offences carries a maximum imprisonment of 6 months.

[Greenie]

Hello. I am in a bit of confusion. Have spoken to so many lawyers and solicitors but no one has got the right answer. I am currenlty on tier 4 visa which was issued in May 2011 and will end in June 2012. My course is supposed to be ending in Febuary 2012.

However I have got a job offer. The sponsor has carried out RLMT. Now i am confused can I switch my immigration category ? I dont understand the point of UKBA that you must have completed a course of study of at least one academic year.

Logically I am eligible to apply. I score full points. What is the point of making an entry cleareance application then ? Although I havnt completed my course, job offer can be made to you at any point.

One solicitor told me that its just the policy guidance and not in law, you can make an application from inside the UK and if they refuse on completion of course base, we can successfully challenge it through High court. He gave me a case reference of Chickwamba Vs Regina. In which there was a point that, the applicant is eligible and will be granted a visa if she goes back to zimbabwe and apply from there, and the lawyer argued if she is eligible and will be granted a visa from zimbabwe then whats the whole point of going to zimbabwe to make an entry cleareance application when she is already eligible to apply.

Considering this case. What do you guys think ? Should I apply from inside the Country ?

"Have spoken to so many lawyers and solicitors but no one has got the right answer" By this I take it you mean - no one has given you the answer you want to hear, apart from the lawyer who thinks you should rely on Chikwamba which is a case about Article 8 family life and has absolutely nothing to do with an application under the points based system!

The reason why you can't apply to switch when you haven't completed your course is that they do not want people who have stated an intention to come to the UK to study to use that as a mechanism to come to the UK, find work and then switch in country to Tier 2. Therefore if you want to apply under Tier 2 you will need to apply from outside the UK.

The solicitor who advised you that it is policy guidance and not the law, obviously hasn't read the law!

If you meet the requirements spend your money going home to apply rather than on solicitors who don't know what they are talking about.

[ff88]

Greenie, well your answer does make sense. I think now i am satisfied why they have this rule.

Do i need to inform my college that I am going abroad to make a tier 2 application ? Do I need to take their consent ?

[geriatrix]

However I have got a job offer. The sponsor has carried out RLMT.

Do note that your employer will need to assign you a restricted CoS to enable you to apply for entry clearance.

Regarding your conviction, this shouldn't have an effect on the outcome but you must declare it if the application form asks for such information.

[black_pearl]

Currently i am doing business management course my visa was granted from 2011 till 2013 on the basis of MBA.As end of this year i will complete my diploma in management so hopefully i will receive my diploma certificate from my college.

My question is as i have a offer of Tier 2 from my employer and he is in the process conducting RMLT which will complete on end of this month .

If he is issued a COS what do you suggest should i go back to my home country and apply from there and in case of tier 2 refusal will that effect my tier 4 leave which is valid till 2013.

Can i switch inside the country with diploma PG certificate as according to ukba policy guidance i will successfully complete my 1 year. even though the visa was issued for MBA .

Kindly tell me what is the difference bewteen restricted COS and un restricted COS .

According to my understanding unrestricted allows you to switch inside the country and with restricted COS there is annual limit.

Since my employer has 0 allocation of cos so how long will it take for him to get a COS. Thanks

[black_pearl]

Currently i am doing business management course my visa was granted from 2011 till 2013 on the basis of MBA.As end of this year i will complete my diploma in management so hopefully i will receive my diploma certificate from my college.

My question is as i have a offer of Tier 2 from my employer and he is in the process conducting RMLT which will complete on end of this month .

If he is issued a COS what do you suggest should i go back to my home country and apply from there and in case of tier 2 refusal will that effect my tier 4 leave which is valid till 2013.

Can i switch inside the country with diploma PG certificate as according to ukba policy guidance i will successfully complete my 1 year. even though the visa was issued for MBA .

Kindly tell me what is the difference bewteen restricted COS and un restricted COS .

According to my understanding unrestricted allows you to switch inside the country and with restricted COS there is annual limit.

Since my employer has 0 allocation of cos so how long will it take for him to get a COS. Thanks

I want to know will the 1 year ukba policy guidance rule for switching from tier 4 to tier 2 apply for those who are going to apply from out side the country. As i can not switch in country as i will not be ale to complete my course or 1 year of course.

[ff88]

the rule of one year course completion dosent apply to those who are making an application outside the country

[black_pearl]

can you please post a link which states what you have just mentioned?

[ddb]

See guidance for Tier 2 applications made outside the UK. Might help.