Switching from Tier-2 again-Please help-urgent

[sue71]

Hello All
Please help me - I am currently on Tier-2G visa and my visa history is as below:
4 years work permit + 2 years Tier 4 + 1 year Post Study Work Visa + 1 Year Tier-2G (current)
I made redundant and not able to secure new Tier-2 CoS yet.

My question is that can I switch again to Tier-4 visa? (assume all other conditions such as progression etc fulfil).

I am worried because in past I already switched from work permit to Tier 4 visa and now again wish to switch from Tier-2 to Tier4- Please help and advise me

Thanks

[MaximusNostramus]

First of all I am sorry to hear about your redundancy. This is the first time I am hearing that a uk employer has made non-eu resident redundant despite going all the effort to hire you in the first place. Anyway, sorry to hear about this. To me, I don't see a problem in you taking another tier 4 and being a student again. Provided you have funds to sponsor your tier 4 tuition fees and stay in uk, and you have a valid CAS from a tier 4 approved uk university, I see no problems. ukba entertains an application on its individual basis, it doesn't take into account your previous immigration history (except if you are hiding something or have been previously rejected/refused entry clearance to uk). So make sure when you fill the tier 4 application form you do that diligently. As a matter of interest - how long did you stay on your Tier 2 (G) for?

[sue71]

Many thanks for your reply- a bit hope from your reply, It has been about only one year on Tier-2G this time when employer told me that they cannot employee me because their licence revoked and made me redundant and terminated the contract. In past I was on work permit for 4 years and made redundant due to lack of work in my company. I have CoS, maintenance and previously no application been rejected. I am worried because I am switching second time to Tier- 4 now.

Hello Manci / other senior members please can you advise me on following- I will be really thankful for your visualisation and advices:-
1) Do you think there would be any problem in switching again to Tier4 now (assume maintenance, CoS and progression are OK)?
2) If my Tier-4 application is successful now, I will have 2 option for next year 1)switching again to Tier-2 visa in Feb2015 OR 2) carry on my study until Dec 2015 on Tier-4 to make 10 years and then go for ILR. Which option do you think would be good and safe for ILR?
Please reply
Thanks

[manci]

switching from T2 to T4 is allowed provided you meet all requirements e.g. academic progress, cap, etc. See the T4 policy guidance, the switching rule is in para 63:
http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf.

see also the UKCISA website (immigration tab):
http://www.ukcisa.org.uk/

Also, keep looking for a new T2 sponsor. Has your T2 visa been curtailed yet?

[sue71]

Thanks Manci, I do not received any letter from ukba regarding curtailment of leave however my employer told me that they have notified to ukba. Taking safety to avoid any issues in future ILR, on 55 day from end of employment (today) just right now sent off my Tier-4 application to hope this will be successful. I seen the guidelines and they say 60 days from ukba decision but how I can be sure that they have sent me the letter and their letter has not been missed in post?
I do not know whether I did right or wrong by sending this application now as I am having some interviews with potential employers in next three weeks and if I am successful they can give me CoS but by that time CoS may not be useful if I get Tier-4 visa decision. One another employer want me to employee me and they have applied Tier-2 licence last week and by reading post from this forum, I come to know the whole process takes about 2-3 months therefore that will also not be useful for me. I know job will come in next three months but bad luck is that I can not take that before next year when I complet 12 months in the course.
I will be really thankful to you if you can guide me what would be the best action now in this situation considering 10 year ILR next year.

[manci]

as you said, the 60 day curtailment is from the HO decision date, not from your termination date. Provided the HO have your correct address you will get a letter in due course. This also means that you probably have at least 2 months from now before your leave will expire.

If you preferred to continue on T2 rather than switch to T4 I would wait with actually submitting the T4 application (unless you have done so already or if there are other compelling reasons). From the timelines posted on the forum T4 applications are processed fairly quickly. (Presumably you have a CAS)

Keep also in mind that if a T2 sponsorship comes through before a decision is made on the T4 application you can vary it to T2.

On the downside though, unless the job is a shortage occupation the T2 sponsor will have to do an RLMT (takes 28 days) before they can assign a CoS (NB: when you switched from T1 PSW to T2G this was not needed).

[sue71]

Thanks Manci, I have correct address in HO record. There is no compelling reason. I sent off my T-4 application today. My potential employer needs to do RLMT however the post has been advertised already last year.
I think next week I will get biometric letter. Is going for biometric on the last day will help me to gain more time for trying T2 visa?
Also, employer agreed to give me CoS when their T-2 licence is approved. They have applied before Christmas and waiting for approval. The fact is they have advertised the post in Oct/Nov last year and not found suitable person before interviewing me. They were happy with my interview and when I told them I need T2 visa, their HR applied for licence and told they want me to recruit. I also made them aware about the requirements of RLMT and unrestricted CoS request last week. Can I submit an application of varying T4 application now based on employer’s application for T2 Licence pending with ukba and employer’s decision to assign me unrestricted CoS when HO approved their licence and CoS request? If I can do so, will my CAS be valid for T-4 visa in the event of unsuccessful of either my T2 varying application or employer’s licence application unsuccessful?

One more question I want to ask for my future long tern ILR next year is that does it make any difference in submitting ILR application on the basis of last granted leave as T4 or T2?

[manci]

Thanks Manci, I have correct address in HO record. There is no compelling reason. I sent off my T-4 application today. My potential employer needs to do RLMT however the post has been advertised already last year.
Note that an RLMT is valid for 6 months

I think next week I will get biometric letter. Is going for biometric on the last day will help me to gain more time for trying T2 visa?
You can delay doing the biometrics by about 5 weeks - see p74: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Also, employer agreed to give me CoS when their T-2 licence is approved. They have applied before Christmas and waiting for approval.
Note that after approval it takes about 7-10 days before they can assign a CoS because one piece of information enabling them to use the SMS will come by post.

The fact is they have advertised the post in Oct/Nov last year and not found suitable person before interviewing me. They were happy with my interview and when I told them I need T2 visa, their HR applied for licence and told they want me to recruit. I also made them aware about the requirements of RLMT and unrestricted CoS request last week.

Can I submit an application of varying T4 application now based on employer’s application for T2 Licence pending with ukba and employer’s decision to assign me unrestricted CoS when HO approved their licence and CoS request?
not advisable to do this now, just wait for the time being.

If I can do so, will my CAS be valid for T-4 visa in the event of unsuccessful of either my T2 varying application or employer’s licence application unsuccessful?

One more question I want to ask for my future long tern ILR next year is that does it make any difference in submitting ILR application on the basis of last granted leave as T4 or T2?
no it doesn't. See p9 and onwards:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[sue71]

Thank you Manci for your help