Tier 5 (gov worker) to Tier 2 (general)

[enigma2017]

Asking on behalf of an acquaintance (I'm a British Citizen so this visa process is new to me!)

My acquaintance currently has a Tier 5 Gov worker visa valid for a few more months (teaching until July). They have a BRP. They are living in the UK (and have been for a few years), but are a Chinese citizen

They have secured a job offer, with sponsorship (and the employer is on the approved lists), for a shortage occupation which would need a Tier 2 (general) visa. That job would begin in late August

My understanding is no transfer is possible.
They intend to travel back to china in late May to apply for Tier 2 with a super premium service. They propose to spend just a week (half term) in china and then return to finish their teaching commitments.

However not knowing how these things work is this appropriate? I think it is necessary, but would that application for tier 2 in china invalidate their current Tier 5 visa? Would they have trouble coming back into the UK until their tier 2 is valid, which I assume would be from end July-ish?

Thanks

[CR001]

I think it is necessary, but would that application for tier 2 in china invalidate their current Tier 5 visa? Would they have trouble coming back into the UK until their tier 2 is valid, which I assume would be from end July-ish?

Yes, a person cannot hold both visas simultaneously. Once Tier 2 General is granted, the Tier 5 will be cancelled. Once Tier 2 General is granted, friend can ONLY work for the Tier 2 sponsor so would NOT be able to go back to 'normal job' currently being done.

There might be an added complication if on that category Tier 5 as friend would need some letter from his government if he is government sponsored, but I do stand corrected.

[enigma2017]

In terms of the definition of having multiple visas - does this mean
* Once a new visa application is processed and approved other visas become invalid
OR
* It is only once the new visa comes into validity that the old visa is canceled

The ideal here is that the tier 5 continues being valid until July, but the tier 2 isn't "active" until August - but of course I have no idea if that is how it works

If the tier 5 is immediately valid, but the tier 2 not until august that leaves a gap...

[enigma2017]

the current tier 5 is gov sponsored, so no paid work from a uk employer - all foreign government funded,

[CR001]

In terms of the definition of having multiple visas - does this mean
* Once a new visa application is processed and approved other visas become invalid
OR
* It is only once the new visa comes into validity that the old visa is canceled

The ideal here is that the tier 5 continues being valid until July, but the tier 2 isn't "active" until August - but of course I have no idea if that is how it works
Visa is usually valid from date of decision. Friend must enter the UK on the new visa to 'activate' it.

the current tier 5 is gov sponsored, so no paid work from a uk employer - all foreign government funded,

Then there is a very specific letter friends needs stating the government does not object etc to the new visa. It is a mandatory requirement to submit this letter and often very difficult to get.

[enigma2017]

thanks for the info.
A few questions

a) I read elsewhere that visas can be "post-dated" by up to 3 months. Does this resolve the concern over overlapping visas, since they won't need to in this case, and the expected entry date can be listed as mid August?

b) The letter that you mentioned that might be needed from the government org. Do you have any pointers to find out more info about this?

c) I read about a "vignette" - is this dated from the expected date of entry for the new visa?

Many thanks

[CR001]

a) I read elsewhere that visas can be "post-dated" by up to 3 months. Does this resolve the concern over overlapping visas, since they won't need to in this case, and the expected entry date can be listed as mid August?

Yes possible, UKV don't always do it though. For Tier 2 there are specific timeframes re validity of CoS and starting work. Still don't believe the Tier 5 will remain valid, especially if applying outside the UK.

b) The letter that you mentioned that might be needed from the government org. Do you have any pointers to find out more info about this?

Your friend will know the conditions of his current visa. See quoted below from the UKCISA (click) website. This letter is usually difficult to get.

If you are currently sponsored by a government or international scholarship agency or if you have been sponsored by a government or international scholarship agency within the 12-month period before you apply under Tier 2, you must provide a letter from your financial sponsor consenting to this application.

c) I read about a "vignette" - is this dated from the expected date of entry for the new visa?
Date of decision or date of intended travel. It is only valid for 30 days and a migrant MUST enter the UK within these 30 days.

[enigma2017]

Having read https://www.gov.uk/guidance/immigration ... sed-system it seems that the above reference to a financial sponsor letter only applies under b(ii):

(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 4 Migrant and, in respect of such leave, is or was last sponsored by:

but not under b(I) which is I think what applies for tier 5
(i) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 Migrant,
(2) a Tier 2 Migrant,
(3) a Representative of an Overseas Business
(4) a Tier 5 (Temporary Worker) Migrant, or
(5) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant,
or

?

[CR001]

You need to list the specific immigration rule number you are referring to. Stating b(ii) is not sufficient.