ACCA students under T4, can i switch to T2?

[customer_s]

Hi, i need you guys' help.

My visa background is: 3 yrs BA degree course + 2 yrs PSW + 2.5 yrs ACCA.

I am currently studying ACCA under T4. My question is can i switch to T2? I m confused when reading the guidance from UKBA website.

Here is the quote: 'If you are switching from Tier 4 or the former categories of student, student nurse, student re-sitting an examination, overseas qualified nurse, person writing up a thesis, postgraduate doctor or dentist or student union sabbatical officer, you must have current permission to stay in the UK and, during that permission to stay, [u]you must have lawfully obtained a UK degree, postgraduate certificate in education or professional graduate diploma of education.[/u]'

Acca is not a degree course n i obviously won't get a degree, a postgraduate certificate or professional graduate diploma of edu. Does the quote mean i won't be able to switch to T2 even I had a UK degree obtained from my previous period of permission to stay as a student?

Really need your help! Thank you!

[Greenie]

You can't switch.

[manci]

You can't switch.

Assuming that the OP has had continuous leave during his stay in the UK in chronological order as:

a) T4 migrant during which time he obtained a bachelors degree and then switched to

b) T1 PSW from which category he switched to and is currently a

c) T4 migrant studying ACCA and he is it at least ACCA Part 1 qualified and is being offered at least a £20k salary

is he not allowed to switch to T2G by virtue of 245HD (d)(iii)(2)?

[Greenie]

No, the qualification needs to have been obtained in his last period of leave as tier 4 migrant/student or in a period of continuous leave which included his last period of leave, in his last period of leave he obtained an acca qualification, not a degree etc.

[jibri]

No, the qualification needs to have been obtained in his last period of leave as tier 4 migrant/student or in a period of continuous leave which included his last period of leave, in his last period of leave he obtained an acca qualification, not a degree etc.

just to clean one thing asked many times no response

I have degree in Accountancy and exempted from 9 papers so I am part 2 qualified ACCA also register with ACCA

my employer I am already working for them mentioned in COS on job description that
''Migrant salary assessed on basis that he is part 2 qualified''

my job summary close the job description as mentioned but not exactly same as mentioned there definitely my employer mentioned in their own words

is every thing on my case?

Thanks and please reply

[vinny]

or in a period of continuous leave which included his last period of leave,

I'm not sure I understand what this actually means?

Does 'continuous leave' mean same category of leave, or just any leave with no gaps?
Couldn't the OP satisfy the requirement by obtaining the (BSc) qualification prior to his last period of leave?

[manci]

or in a period of continuous leave which included his last period of leave,

I'm not sure I understand what this actually means?

Does 'continuous leave' mean same category of leave, or just any leave with no gaps?
Couldn't the OP satisfy the requirement by obtaining the (BSc) qualification prior to his last period of leave?

245HD (d)(iii)(2) just says "The applicant must have studied the course referred to in (d)(i) during ..... a period of continuous leave which includes his last grant of leave"

In the absence of any qualification as to the category of leave my interpretation would be that the OP complies with this requirement and is eligible to apply to switch to T2G.

[Greenie]

My interpretation is the opposite. He must have completed the qualification in a period of leave which includes his last period of leave. In his last period of leave the qualification he completed was not a UK recognised degree etc. The 'last period of leave is the issue here. His degree was not completed in a period of continuous leave that includes his last grant of leave

[Greenie]

or in a period of continuous leave which included his last period of leave,

I'm not sure I understand what this actually means?

Does 'continuous leave' mean same category of leave, or just any leave with no gaps?
Couldn't the OP satisfy the requirement by obtaining the (BSc) qualification prior to his last period of leave?

in my opinion no because he didn't complete his degree in the most recent grant of leave which(its not the continuous part or they type of leave that is the issue but when the qualification was completed)

[vinny]

If he must have completed his qualification in his most recent grant of leave, then isn't that situation already covered by 245HD(d)(iii)(1)?

Will that not make 245HD(d)(iii)(2) redundant?

Edit: I think the rule had been changed since yesterday! "as tier 4 migrant/student" has been removed from (1).

(iii) The applicant must have studied the course referred to in (d)(i) during:

(1) his last grant of leave, or

(2) a period of continuous leave which includes his last grant of leave.

[Greenie]

Tier 4 migrant/ student was my language i think.

I believe the difference between 1 and 2 is that 1)covers the situation whereby the migrant studied the entirety of the course during his most recent grant of leave whereas 2) covers the situation whereby the course was studied over more than one grants of leave as long as that leave was continuous, and that the course was ultimately completed during the most recent grant of leave. I am not suggesting that all of the leave needs to be as a student/tier 4 migrant.

Even if that is not what they mean by 2 i cannot see how the op meets 2 because he completed his degree during a previous grant of leave and not a period of continuous leave which includes his last grant of leave.

[manci]

245HD (d)(iii) is not well drafted as it can be interpreted in different ways for the OP's situation. It hinges on what is meant by "period of continuous leave".

To resolve it one would probably need to dig deeper and see if there are any precedents where it may have been interpreted by a tribunal or court.

[Greenie]

sorry, but I don't think it does, it's nothing to do with whether the leave was continuous student leave or a combination of student/tier 4 and PSW, that's not the issue. If the course he was studying now was a master's degree but he has completed part of it when he had PSW and the rest under his current tier 4 leave, he would be able to swtich. the issue is that the qualifying course must have been studied during a period of continous leave, which includes his most recent grant of leave. The OP studied his degree in a period of leave which does not include his most recent/last grant of leave.

[customer_s]

Thank you guys for all the replies! I do appreciate!

Suppose Greenie's interpretation is right, what if i gain a BA degree from Oxford Brooks university which combines with ACCA? Will I be able to switch in this case?

[vinny]

I think that Greenie's interpretation is correct. Thanks for the explanation, Greenie!

Both (1) and (2) imply that the course refered to in (b)(i) must have been completed in the last grant of leave.

[jibri]

No, the qualification needs to have been obtained in his last period of leave as tier 4 migrant/student or in a period of continuous leave which included his last period of leave, in his last period of leave he obtained an acca qualification, not a degree etc.

just to clean one thing asked many times no response

I have degree in Accountancy and exempted from 9 papers so I am part 2 qualified ACCA also register with ACCA

my employer I am already working for them mentioned in COS on job description that
''Migrant salary assessed on basis that he is part 2 qualified''

my job summary close the job description as mentioned but not exactly same as mentioned there definitely my employer mentioned in their own words

is every thing on my case?

Thanks and please reply

sadly no expert want to give my answer ???

[Greenie]

No, the qualification needs to have been obtained in his last period of leave as tier 4 migrant/student or in a period of continuous leave which included his last period of leave, in his last period of leave he obtained an acca qualification, not a degree etc.

just to clean one thing asked many times no response

I have degree in Accountancy and exempted from 9 papers so I am part 2 qualified ACCA also register with ACCA

my employer I am already working for them mentioned in COS on job description that
''Migrant salary assessed on basis that he is part 2 qualified''

my job summary close the job description as mentioned but not exactly same as mentioned there definitely my employer mentioned in their own words

is every thing on my case?

Thanks and please reply

sadly no expert want to give my answer ???

please stop hijacking this thread. Your question is unrelated to the op's

[jibri]

No, the qualification needs to have been obtained in his last period of leave as tier 4 migrant/student or in a period of continuous leave which included his last period of leave, in his last period of leave he obtained an acca qualification, not a degree etc.

just to clean one thing asked many times no response

I have degree in Accountancy and exempted from 9 papers so I am part 2 qualified ACCA also register with ACCA

my employer I am already working for them mentioned in COS on job description that
''Migrant salary assessed on basis that he is part 2 qualified''

my job summary close the job description as mentioned but not exactly same as mentioned there definitely my employer mentioned in their own words

is every thing on my case?

Thanks and please reply

sadly no expert want to give my answer ???

please stop hijacking this thread. Your question is unrelated to the op's

Greenie what should I do ? no one reply on my actual post? ok fine I am out if you want

[customer_s]

Hi Greenie,

Any idea if I can switch if I can get a degree from Oxford Brooks University (which is sort of combined with ACCA)?

[manci]

does your CAS cover a degree course at Oxford Brookes?

[customer_s]

does your CAS cover a degree course at Oxford Brookes?

It doesnt, i m afraid. Its not compulsory.

I am died now with no option to stay... so upset

[manci]

1
when does your current T4 visa expire?
2
is it an option for you to get a CAS from Oxford Brookes for a degree course? Switching from T4 to T4 is allowed.
3
Suggest you phone UKCISA and put the question that was aired in this thread to them:
The UKCISA advice line
Our advice line is open from Monday to Friday, 1300 - 1600 hours (UK time). We answer about 10,000 calls annually, so our telephone advice line is very busy. This is why we ask you to try to find the information on our website first, or contact an adviser in your college or university. If you do have difficulty getting through to our advice line, please keep trying, and you should get through eventually.

Outside the UK: +44 20 3131 3576
Inside the UK: 020 3131 3576

Please note that we only give advice by telephone. We do not offer personal appointments or advice by email.

if you get any useful answers from UKCISA please post it.

[customer_s]

1
when does your current T4 visa expire?
2
is it an option for you to get a CAS from Oxford Brookes for a degree course? Switching from T4 to T4 is allowed.
3
Suggest you phone UKCISA and put the question that was aired in this thread to them:
The UKCISA advice line
Our advice line is open from Monday to Friday, 1300 - 1600 hours (UK time). We answer about 10,000 calls annually, so our telephone advice line is very busy. This is why we ask you to try to find the information on our website first, or contact an adviser in your college or university. If you do have difficulty getting through to our advice line, please keep trying, and you should get through eventually.

Outside the UK: +44 20 3131 3576
Inside the UK: 020 3131 3576

Please note that we only give advice by telephone. We do not offer personal appointments or advice by email.

if you get any useful answers from UKCISA please post it.

My visa expires in Oct this year. I don't think I can switch to T4 again due to 5 years above degree cap.

Thank you very much for the phone number! I will post here as soon as i get the answer from them.

[manci]

the 5 year rule is complex and not knowing your full immigration history and course details only you can establish how it applies. See paras 81-89 of the T4 policy guidance.

[manci]

Suggest you phone UKCISA and put the question that was aired in this thread to them

Note what UKCISA say on their website:
http://www.ukcisa.org.uk/student/info_s ... p#tier_two
you studied this course during your most recent period of immigration permission or during a period of continuous leave that includes this most most recent period of immigration permission – this means that you can rely on a degree ... you completed earlier, even if you are now studying for or have obtained a different qualification, if you have had immigration permission since you studied that degreeI

think that Greenie's interpretation is correct. Thanks for the explanation, Greenie!
Both (1) and (2) imply that the course refered to in (b)(i) must have been completed in the last grant of leave.

They may indeed "imply" that but do you think that if the OP applied for Tier 2 leave now it would be refused by reference to 245HD(d)(iii)? After all, UKBA have to apply the law - not only the spirit but also the letter.