Switching from Tier 2 to Tier 4

[green599]

All,

I need some help regarding my Visa Extension, my Tier 2 G Visa extension got refused in Jun 2016 due to not meeting the appropriate salary requirements for the experienced worker.
My visa is valid till December 2016, I have decided to get admissions in MSc starting from January 2017. I have applied in a University and my application has passed the immigration section from university and it’s with the admission office now.
Will I get a visa If the university allocates me the CoS/CAS ?
Is my Tier2 Refusal will be a problem in getting a Tier 4 Visa even if I meet all the requirements for Tier4 Visa?
I am worried if my Tier2 G refusal can be an issue.
Any suggestions?

Cheers

[sah10406]

Are you still working in your Tier 2 job?

[Frontier Mole]

The questions you will face will revolve round your genuine student status. Given your previous working period under T2 and the obvious failed attempt to extend it; that will all point towards a question as to the reasons you wish to return to study.

A University issued CAS would normally put you most of the way to getting a visa however given your immigration history there will be more barriers to success.

[green599]

Yes, I am still on the Tier 2 Job, I have new CoS after the refusal but I won’t match the minimum salary requirement so I didn’t applied again. My Employers want to keep me but they can’t do anything in this situation.
I know refusal a big issue but my study record is very clean. I have Hons degree from a reputed university and it’s the same university where I have applied for the MSc degree (admissions in process).

[sah10406]

I agree that your credibility will probably be scrutinised closely. You (and your employer) must have known that your Tier 2 application would not succeed, so the failed Tier 2 application plus the current Tier4 application could give the impression that your main motivation is to stay in the UK. It's not fatal for your application, just good to be prepared for the caseworker having that idea about you. Your Tier 4 sponsor can advise specifically about credibility.

[Greenie]

have you told thr university about the tier 2 refusal ?

[green599]

have you told thr university about the tier 2 refusal ?

University never asked aout the refusal,


I have been offered a MSc course by University, the starting date of the course is 23rd January 2017.

I am planning to apply for the Visa in Mid-November sometime.

Do I have to go back to my country (PK) and apply Visa from there? or can I get extension without leaving the country?

Does anyone knows how it’s going to work?

Thanks in advance.

Cheers

[sah10406]

Do I have to go back to my country (PK) and apply Visa from there? or can I get extension without leaving the country?

[Advice deleted and amended after you gave new information below]

[green599]

Thanks for the quick reply,

I was woried becoz my visa expires on First Week of Dec 2016 and my course starts 23rd January 2017, there is almost 6 weeks between the expiry of current visa and the course start date.

I know I can apply 3 months before the starting date of my course but not sure if I can apply it from the UK in Nov due to the visa exory in early Dec 2016

[sah10406]

I was woried becoz my visa expires on First Week of Dec 2016 and my course starts 23rd January 2017, there is almost 6 weeks between the expiry of current visa and the course start date.

In that case, you definitely cannot make your Tier 4 application in the UK, only in your home country.

[green599]

OK,
I am in UK for 9 years, is going back home can effect my Long residency ?

[sah10406]

OK,
I am in UK for 9 years, is going back home can effect my Long residency ?

I don't know. That's a question for the ILR board.

[green599]

Thanks sah10406 , you been very helpful..

Cheers

[fv1]

YOU DONT NEED TO GO BACK, YOU CAN APPLY IT FROM HERE JUST MAKE SURE YOU HAVE VALID CAS FROM YOUR UNIVERSITY AND YOUR BANK STATEMENT SHOULD BE MAINTAINED TOO.

[sah10406]

YOU DONT NEED TO GO BACK, YOU CAN APPLY IT FROM HERE JUST MAKE SURE YOU HAVE VALID CAS FROM YOUR UNIVERSITY AND YOUR BANK STATEMENT SHOULD BE MAINTAINED TOO.

I think you must have missed the information that the new course starts more than 28 days after the end of the current leave. This in itself means the application can only be in OP's home country.

[noajthan]

YOU DONT NEED TO GO BACK, YOU CAN APPLY IT FROM HERE JUST MAKE SURE YOU HAVE VALID CAS FROM YOUR UNIVERSITY AND YOUR BANK STATEMENT SHOULD BE MAINTAINED TOO.

- and kindly stop SHOUTING.

[green599]

Guys,

Some update regarding my case and some questions,

Immigration department of my university have accepted my application and they have issued me an unconditional admissions letter after the fees deposit for this September session (couple of weeks ago I was sure that I was too late September session but that’s not the case) . I am waiting for my CAS now. According to the admission office they will keep issuing CAS till 12 sept 2016.

Question is that the application procedure is online and they do ask some question like if you ever been refused entry into UK or any other country.
As you guys know that my Tier 2 G Extension was refused in Jun 2016, does this comes in category of refusal entry to UK?
Does anyone know about it?

Thanks in advance.

Cheers

[sah10406]

That was a refusal of leave to remain, not a refusal of entry. There is a separate question about that.

[green599]

OK, thanks for clarifying this, I was also thinking the same but wasn’t sure.
I am sure that I have to mention about the refusal but wasn’t 100% sure about the entry refusal.

Cheers man thanks for the reply.

[green599]

Guys,

As all of you were very helpful so I thought you should know the results,

Instead of going into January 2017 session I manage to get admissions in Sept 2016 session. University issued me a CAS Last week on Thursday and I booked an appointment for premium service this week.

While applying online there was no question regarding refusal of visa so I didn’t had to mention it anywhere.

I have successfully received visa which is valid till Feb 2018.

Thanks again for your help guys..