Switching from Tier 4 and RLMT exemption

[bharatuppala]

Hi I am currently on tier 4 and finished Pg Dip in pharmacy(2011/12) and planning to switch to Tier 2(My sponsor is A rating).

I have an Masters degree during 2008/09. After that I switched to PSW and now on Tier 4. Can I use this Masters degree to get exemption from RLMT, (since Masters degree holders switching from Tier 4 are exempted from RLMT).

Can some one suggest please, since I contacted couple of immigration solicitors, but they didn't gave a proper answer.

[Greenie]

No you cannot use your masters to be exempt from the RLMT and neither can you switch in country from tier 4 to tier 2 on the basis of a pgdip. You will need to leave the UK and apply for entry clearance and be issued a restricted cos.

See 245HD (d) (i) and (d)(ii) which state that in order to switch from tier 4 you need to have been awarded a degree, pgce or completed 12 months of a PhD and that qualification must have been studied in your most recent period of leave as a tier 4 migrant.
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

See 78C of appendix a which states that you are only exempt from the RLMT on post study work grounds if you are applying for leave to remain (not entry clearance) and
and you are switching from psw leave or tier 4/student leave and meet the requirementp of the paragraphs specified. As you cannot apply in country as explained above you cannot benefit from the RLMT exemption on psw grounds.

http://www.ukba.homeoffice.gov.uk/polic ... appendixa/

[bharatuppala]

Thx greenie

My visa expires by jan 2013, but I am planning to apply during august 2012 from India.
Can you please suggest me which address(current address column) to use while my sponsor is allocating a restricted cos, since I am currently in UK.