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Switching from Tier4 Student (b/f completion) to Tier2 WP(G)

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

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great01
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Location: United Kingdom

Switching from Tier4 Student (b/f completion) to Tier2 WP(G)

Post by great01 » Fri Aug 09, 2013 3:17 pm

Hi,

I have searched the internet and still couldn't find an answer to this. So thought to put the question here.

There are details given about switching from Tier 4 Student to Tier 2 General AFTER completing the course. The requirement of which is 50 points including Funds, English language, CoS and Appropriate Salary. Additionally details about the program finished on university letterhead

What if one hasn't finished the degree, but has received a job offer based on earlier qualifications and experiences.

1) what are the requirements if one hasn't finished the course and wants to switch from Tier 4 Student to Tier 2 General?

I understand the Labour test will have to be taken in this case as the degree is not completed and the application will be made under restricted CoS category. Since Labour test is exempted on the basis of completing and passing the degree of atleast one year duration and the application goes in unrestricted CoS category

2) Since the entry clearance has been made under tier 4 student, would the application be made from within UK when applying under Restricted CoS?

great01
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Joined: Fri Aug 09, 2013 2:22 pm
Location: United Kingdom

Post by great01 » Fri Aug 09, 2013 3:23 pm

Also, if anyone has done something similar or knows someone who has been through this process, please share the experience

thanks

manci
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Post by manci » Fri Aug 09, 2013 8:51 pm

If you haven't obtained a degree you cannot switch from T4 to T2G. You need a restricted CoS and have to apply for entry clearance from your home country.

Read paras 16-17 of the T2 policy guidance

samira_uk
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Post by samira_uk » Fri Nov 29, 2013 4:36 pm

Dear Manci,

I have a same question and it is obvious you have a very good and in depth knowledge of Tier 2.

In the Tier 2 guidance below the table on page 10 it is stated:
If you cannot meet the requirements as in paragraph 17 below, you cannot switch. You must leave the UK when your
leave expires and apply for re-entry under the relevant Tier 2 category.


It is a bit strange to me. It means that if you are on Tier 4 but you are not qualified to switch, you have to wait until end of your course? It seems from immigration rules that you can apply in the middle of your course from abroad using restricted CoS and there is no requirement for entry clearance about finishing the course or expiry of previous visa.

Moreover, if the above student applies from abroad and his Tier 2 application is refused, what will happen to his Tier 4 extant leave? Is he able to come back and continue his studies?

Your help is appreciated.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Fri Nov 29, 2013 6:24 pm

Samira

The rule is that a T4 student can only switch to T2G on completion of his/her studies. When switchingifrom T4 RLMT is not required.

I suppose the rule has been designed to prevent migrants coming to the UK on T4 visas (a large number of which were from bogus colleges in the past) and then switch immediately to T2G.

There is of course no impediment for a T4 student to interrupt his/her studies, obtain a restricted CoS and apply for entry clearance from abroad. In this case his/her previous studies on T4 would just be irrelevant. If a student proceeded this way and the entry clearance application got refused there is nothing to stop the student returning to the UK on the valid T4 visa and re-commence his/her studies.

samira_uk
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Post by samira_uk » Fri Nov 29, 2013 6:48 pm

Thank you so much.

About switch inside the UK and exemption from RLMT everything is clear and I only had doubt about someone who is applying from abroad and has an extant Tier 4 at the same that you clarified the situation.

Thank you so much.

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