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Can I switch Tiers after a Tier 4 Curtailment?

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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TheSpread
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Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Can I switch Tiers after a Tier 4 Curtailment?

Post by TheSpread » Tue Feb 18, 2014 11:42 pm

Hi,

My student visa was curtailed and I have been given 60 days to get a new sponsor.

I was wondering if it's possible to switch Tiers if a visa has been curtailed? For example, can I make an application for a Tier 1 Visa or Tier 2 Visa? I am considering my options while I think about what to do. I have been in the UK for nearly 10 years now so will qualify to settle in a few months after the 60 day period.

Many thanks.

BlackBirdSSG
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Posts: 264
Joined: Mon Feb 25, 2013 5:28 pm

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by BlackBirdSSG » Wed Feb 19, 2014 2:07 pm

If visa is curtailed and 60 days have passed, you would still have 28 days to apply (however appeal rights will not be available in those 28 days)

If there's a break in your legal status for 10 years, you will not be eligible for 10 years settlement route.

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by sheraz7 » Wed Feb 19, 2014 4:46 pm

Have you already completed your 10 years or when will you complete your 10 years?
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

TheSpread
Newbie
Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by TheSpread » Wed Feb 19, 2014 5:55 pm

BlackBirdSSG wrote:If visa is curtailed and 60 days have passed, you would still have 28 days to apply (however appeal rights will not be available in those 28 days)

If there's a break in your legal status for 10 years, you will not be eligible for 10 years settlement route.
Thanks I am aware of these points and I am still within the 60 days (so I haven't passed them). My question was whether I can apply for a Tier 1 or Tier 2 Visa? Or am I limited to the Student category, i.e. must I only look for a new college for sponsorship?
sheraz7 wrote:Have you already completed your 10 years or when will you complete your 10 years?
Thanks Sheraz. As I mentioned, I have not yet reached the 10 years as this is a few months away (sometime in August).

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by sheraz7 » Wed Feb 19, 2014 6:19 pm

I believe that the letter of visa curtailment can give you the exact reply that whether can you do that or not? But if you want to read about the factors and the consequences of visa curtailment then read the link below:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Zee ali
Diamond Member
Posts: 1127
Joined: Sun Jan 26, 2014 12:42 am

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by Zee ali » Wed Feb 19, 2014 7:02 pm

yes u can switch Tier's

if u r eligible to a different tier category. There is no hurdle for switching.

Curtailment means UKBA reduce your visa to 60 days. In other words u have new expiry date.

It won't effect anything if u apply within those 60 days u will get a right of appeal if refuse and can benefit from 3c and 3d. and even u can work during 60 days time and after applying visa till u get the visa or exhaust all appeal rights.

I read these 159 pages very carefully and they clearly stat that new 60 days is new expiry of your current visa.

Hope this answer your question.
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

TheSpread
Newbie
Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by TheSpread » Wed Feb 19, 2014 8:14 pm

Zee ali wrote:yes u can switch Tier's

if u r eligible to a different tier category. There is no hurdle for switching.

Curtailment means UKBA reduce your visa to 60 days. In other words u have new expiry date.

It won't effect anything if u apply within those 60 days u will get a right of appeal if refuse and can benefit from 3c and 3d. and even u can work during 60 days time and after applying visa till u get the visa or exhaust all appeal rights.

I read these 159 pages very carefully and they clearly stat that new 60 days is new expiry of your current visa.

Hope this answer your question.
Thank you! That's what I was thinking.

Thanks for the document Sheraz.

TheSpread
Newbie
Posts: 31
Joined: Wed Feb 17, 2010 12:00 am

Re: Can I switch Tiers after a Tier 4 Curtailment?

Post by TheSpread » Wed Feb 19, 2014 8:14 pm

Zee ali wrote:yes u can switch Tier's

if u r eligible to a different tier category. There is no hurdle for switching.

Curtailment means UKBA reduce your visa to 60 days. In other words u have new expiry date.

It won't effect anything if u apply within those 60 days u will get a right of appeal if refuse and can benefit from 3c and 3d. and even u can work during 60 days time and after applying visa till u get the visa or exhaust all appeal rights.

I read these 159 pages very carefully and they clearly stat that new 60 days is new expiry of your current visa.

Hope this answer your question.
Thank you! That's what I was thinking.

Thanks for the document Sheraz.

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