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.