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Variation of leave from tier 1 to tier 4 before tier 1

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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la
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Posts: 370
Joined: Tue Oct 26, 2010 10:28 am

Variation of leave from tier 1 to tier 4 before tier 1

Post by la » Tue Feb 12, 2013 6:41 pm

Hi ,

Can we vary the leave from tier 1 entrepreneur application to tier 4 student extension application if tier 1 decision is not made after visa expiry.

Please remember current visa is tier 4 student visa - need to extend this for another course.

Regards,

dalaremal
Member
Posts: 183
Joined: Tue Feb 26, 2013 9:14 pm

Re: Variation of leave from tier 1 to tier 4 before tier 1

Post by dalaremal » Thu Feb 28, 2013 9:49 pm

la wrote:Hi ,

Can we vary the leave from tier 1 entrepreneur application to tier 4 student extension application if tier 1 decision is not made after visa expiry.

Please remember current visa is tier 4 student visa - need to extend this for another course.

Regards,

I am just wondering whether one is allowed to do a full time study while on tier 1 (Entrepreneur) or not? Also, clarify about the part time study? Please!

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

Post by BlackBirdSSG » Thu Feb 28, 2013 10:18 pm

Studying on a Tier 1 or Tier 2 visa

Information for Tier 1 & Tier 2 visa holders who intend to study

If you are in the UK in a work related immigration category (i.e. you hold a Tier 1 or a Tier 2 visa), you may undertake study that fits around your work. There is no condition which prohibits study. Therefore you are free to undertake part time or full time study whilst you are working. You should however be mindful of the following issues:

Work/study balance
Tier 1 & Tier 2 visas are granted to enable you to find and take up employment in the UK. Therefore you should be able to prove that you are fulfilling this remit and are engaged in full time employment. It is suggested that people holding a visa awarded for work purposes ensure that they can actively demonstrate that working is their main reason for residing in the UK.

Leaving and re-entering the UK
You should be aware that immigration officials you encounter, for example, if you leave the UK and re-enter at any point during your stay might want to see evidence that you are undertaking employment in the UK and therefore fulfilling the remit for which the visa was issued. If you are not able to do so and can only provide evidence that you are studying, they may consider that your circumstances have changed since you applied for a visa in a work category. This could result in them cancelling or curtailing that visa on the basis that you should be in the UK with a Tier 4 student visa.

Length of the course and visa expiration date
Ideally, you should be able to complete your course well within the leave that you have been granted (i.e. the expiry date of your current Tier 1 or 2 visa). This is because it may be difficult for you to extend your Tier 1/2 visa or to fulfill requirements to switch into the Tier 4 student category. If it is necessary to switch to the Tier 4 student category, you may have to return home to do so and must also be able to fulfill the maintenance requirements that this category demands. Students holding a Tier 4 visa are only able to study on a full time basis so if a switch to this category is intended this should be taken into consideration.

What does a student intend to do afterwards?
If you intend to remain in the UK to work after your current visa expires, you must ensure that you are meeting the earning thresholds and any other criteria that will enable you to apply for further leave to remain under the category for which you want to apply.

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

Re: Variation of leave from tier 1 to tier 4 before tier 1

Post by BlackBirdSSG » Thu Feb 28, 2013 10:21 pm

la wrote:Hi ,

Can we vary the leave from tier 1 entrepreneur application to tier 4 student extension application if tier 1 decision is not made after visa expiry.

Please remember current visa is tier 4 student visa - need to extend this for another course.

Regards,
If you have already applied for Tier 1 visa, it is not advisable to apple for another category at the same time.

Simultaneous applications are not supported nor allowed.

dalaremal
Member
Posts: 183
Joined: Tue Feb 26, 2013 9:14 pm

Post by dalaremal » Fri Mar 01, 2013 12:21 am

@ BlackBirdSSG

Actually I have applied for Tier 1 Entrepreneur visa and I am aiming that I will carry my business, on the basis of which I have applied for the visa, but at the same time I am planning to apply for a 1 year full time study in the same field as my business.

Will it be possible for me to get the degree (1 year full time) while my visa status will be tier 1 Entrepreneur? Please guide me!

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Re: Variation of leave from tier 1 to tier 4 before tier 1

Post by rizwan567 » Fri Mar 01, 2013 10:57 am

la wrote:Hi ,

Can we vary the leave from tier 1 entrepreneur application to tier 4 student extension application if tier 1 decision is not made after visa expiry.

Please remember current visa is tier 4 student visa - need to extend this for another course.

Regards,
Yes, it is possible to vary your application. That is called application for leave to vary. You need to fill in student visa applicaiton form, attached all the documents, pay a fee. Write a letter with your application that you have outstanding application under ref no 00000000 and your passport is also with UKBA. Now you wish to vary your applicatin. Your previous application will be considered withdrawn and your this application will be active.

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

Re: Variation of leave from tier 1 to tier 4 before tier 1

Post by BlackBirdSSG » Fri Mar 01, 2013 2:28 pm

rizwan567 wrote:
la wrote:Hi ,

Can we vary the leave from tier 1 entrepreneur application to tier 4 student extension application if tier 1 decision is not made after visa expiry.

Please remember current visa is tier 4 student visa - need to extend this for another course.

Regards,
Yes, it is possible to vary your application. That is called application for leave to vary. You need to fill in student visa applicaiton form, attached all the documents, pay a fee. Write a letter with your application that you have outstanding application under ref no 00000000 and your passport is also with UKBA. Now you wish to vary your applicatin. Your previous application will be considered withdrawn and your this application will be active.
What???? He's not asking to change his tier category.

He's Just asking if he will be allowed to study while having a Tier 1 visa.

You are allowed to study, as long as you fulfill all the requirements of Tier 1 visa (i.e. running a company properly and not working). You do not need to take any other visa whatsoever.

Read my earlier post in this thread.

rizwan567
Diamond Member
Posts: 1098
Joined: Sat Mar 23, 2002 1:01 am
Location: Greater London

Post by rizwan567 » Fri Mar 01, 2013 2:43 pm

My mistake... i thought, applicant is asking for... changing the application type while T1E application is outstanding.

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

Post by BlackBirdSSG » Fri Mar 01, 2013 2:57 pm

rizwan567 wrote:My mistake... i thought, applicant is asking for... changing the application type while T1E application is outstanding.
I think there are two different people asking two different questions.

la is asking if one can change T1 application to T4 extension after T4's visa expiry (if no decision have been made)

dalaremal is asking if one can study fulltime while on T1 visa

(Correct me if I'm wrong)
Last edited by BlackBirdSSG on Fri Mar 01, 2013 9:13 pm, edited 1 time in total.

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

Post by BlackBirdSSG » Fri Mar 01, 2013 3:02 pm

dalaremal wrote:@ BlackBirdSSG

Actually I have applied for Tier 1 Entrepreneur visa and I am aiming that I will carry my business, on the basis of which I have applied for the visa, but at the same time I am planning to apply for a 1 year full time study in the same field as my business.

Will it be possible for me to get the degree (1 year full time) while my visa status will be tier 1 Entrepreneur? Please guide me!
Yes you can. They have not restricted you on studies. You can study too, however you must not work at all.

Even at airport immigration, you will only be be asked about your Tier 1 status (not about your studies)

dalaremal
Member
Posts: 183
Joined: Tue Feb 26, 2013 9:14 pm

Post by dalaremal » Wed Mar 06, 2013 11:07 pm

@BlackBirdSSG

Thanks a lot for your informative responses to my previous posts!
Could you confirm that one will be able to do a full time study while on Tier 1 entrepreneur visa? I mean can you provide me with any official document as a proof please? Because I have never seen it anywhere in an official website like UKBA.

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