should I transfer my student visa on to BRP for employment?

[namkie90]

hi all,
I came to UK last year on tier-4 student visa which was issued overseas as entry clearance to do my MSc. This was before they rolled out BRP's . I renewed my passport in June 2016 and have carried both passports when traveling, without an issue. but my worry is will it be a problem when I apply for full-time jobs under tier-2 sponsors?
My question is, do I need to transfer my student visa (tier 4) as a BRP before I can even look for full-time jobs or do I wait until I've been offered a job and the employer wants to sponsor me? when would they need to see my documents ?
I read its a very long process which can take at least 2 months if sending the application by post so I don't know if I should apply now itself to transfer the remaining leave or not. Please advise!!

[sah10406]

do I need to transfer my student visa (tier 4) as a BRP before I can even look for full-time jobs or do I wait until I've been offered a job and the employer wants to sponsor me? when would they need to see my documents ?

My understanding is that it is two different things. For a Tier 2 COS for applying in the UK, among other things the employer needs to check that you have current Tier 4 permission, which is shown by your vignette.

Separately, in order for you to start work, like anyone else including UK and EU nationals you would need to show that you are allowed you to work. This is normally checked on or very shortly before the first day of work. Having Tier 4 permission with a pending Tier 2 application is such a status that allows you to start the job in question, BUT the guidance on what documents they will accept is drafted in such a way that the leave needs to be either on a BRP or on a vignette in your current passport. There is no provision to show a vignette in your previous passport. Whether this is an oversight in the guidance, or a deliberated restriction, is not clear to me.

But in short, at some point before you start work, you need to apply for a transfer of conditions. However you do not need it in order to get the Tier 2 COS.

[namkie90]

Thank you for reverting. I appreciate it , my university's visa officer also said something along these lines- and I quote -
"

However if your main issue is whether an employer could issue you a CoS with your visa in an expired passport, there is nothing to prevent them from doing this. As a Tier 4 migrant you cannot undertake a full time permanent position until you have made a Tier 2 application (when you can start working for your Tier 2 employer whilst your Tier 2 application is under consideration).

When you switch into Tier 2 you will be issued a biometric residence permit. You do not need your visa to be in your valid passport to make the Tier 2 application.What I meant was that in order to offer you a job with a view to sponsoring you under Tier 2 then you do not need to have your current visa in a valid passport. It will be fine to show them your visa in your old passport and your new passport in order for a CoS (Certificate of Sponsorship) to be issued for you to apply for Tier 2. It’s only if you start working for the employer you obtain a Tier 2 visa that the issue of the visa being in an old passport may be problematic

"

If I understood your response correctly, this means that an employer cannot refuse to employ me if my vignette is on an expired passport and use it as an excuse to not issue the CoS,
but that I would definitely need to apply under TOC for the BRP for my present Tier-4 before I make an application using my CoS reference for Tier-2 (which as I understand is again issued as a BRP) but can continue my job hunt without posting the TOC application? Once again, many thanks for helping out!

[sah10406]

Your university and I have given you identical advice, which I think is clear. If you need further clarification, I advise you speak with your university again.