ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ACCA students under T4, can i switch to T2?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Mar 01, 2013 6:28 pm

Interesting.
245HD(d) wrote:(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.
More thoughts:

If (1) is always true, then (2) is redundant.

Therefore, (2) may be true when (1) is false.

(2) states 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. It cannot mean that the applicant must have studied the course during his last grant of leave, as this is already covered by (1).

Therefore, (2) must mean that the applicant could have studied (and completed) the course referred to in (d)(i) prior to his last grant of leave. The period of leave in which he had completed the course must be continuous with his last grant of leave.
Last edited by vinny on Fri Mar 01, 2013 9:01 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Fri Mar 01, 2013 7:47 pm

It looks as if ILPA have written to ukba about this issue however the correspondence is for members only...

http://www.ilpa.org.uk/resources2.php?a ... &&page=389

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Fri Mar 01, 2013 9:36 pm

the correspondence doesn't address the issue under discussion which, I suppose, only concerns the fact that the OP had a T1 PSW leave between two T4 leaves (all applied for in-time) - the question being whether this broke continuity. If he only had a succession of T4 leaves I think there would be no question about his eligibility to switch to T2 even if he didn't study for his bachelors degree during his last (current) leave.

In my view if the OP applied to switch to T2 during his current T4 leave UKBA could not refuse it by reference to 245HD (d)(iii)

The quote from UKCISA (above) suggests the same.


.

Locked