Tier 2 to Tier 4 Switch Possibility

[nomie1988]

Good Evening,

I am planning to take a career break now and to switch from tier 2 to tier 4 on a full time Masters course in January 2018. My current Tier 2 visa is valid until 2020. I want to know if I have to withdraw from my current Tier 2 visa and terminate my job before I can apply to switch to Tier 4 or can I continue with my job until I have received the outcome? Also what would be the implications for my current Tier 2 visa which is valid until 2020 incase my Tier 4 visa application is refused. Will it be curtailed or it will remain valid as before.

Finally I want to know how long normally you get to stay in UK once your employment is terminated by your employer. I read that you get 60 days once the letter is issued by UKVI. I just want to know how long normally does UKVI take to issue the letter once they have received the termination notification from employer. Also what are your working rights during those 60 days. Can you work for other employers during that time.

Please can someone advise what they think about this situation. Thanks in advance/

[CR001]

I want to know if I have to withdraw from my current Tier 2 visa and terminate my job before I can apply to switch to Tier 4

No.

or can I continue with my job until I have received the outcome?

Yes.

Also what would be the implications for my current Tier 2 visa which is valid until 2020 incase my Tier 4 visa application is refused.

No effect, it does not get cancelled and remains valid. If your Tier 4 is granted, your Tier 2 will automatically be cancelled.

Finally I want to know how long normally you get to stay in UK once your employment is terminated by your employer. I read that you get 60 days once the letter is issued by UKVI. I just want to know how long normally does UKVI take to issue the letter once they have received the termination notification from employer.

Curtailment letters can take a few months to get sent out.

Also what are your working rights during those 60 days. Can you work for other employers during that time.

No, you are not permitted to work for any other employer once you leave your sponsor employment.

[nomie1988]

Thanks very much for your advice CR001. My company situation is that the owners are currently trying to sell the company to another company because of lack of finances and projects we had this year. The negotiation is currently in process and it might still take a few months to finalise and the final deal to be signed. Currently its not sure if the sale will be 100% but its more likely to be more than 51% although it may take even longer for the final deal to be signed. Due to this uncertainty my situation is quite precarious as I still need around one year to apply for an ILR. Therefore I am trying to see if I can switch to Tier 4 in January 2018 for Jan/Feb intakes to secure myself for next year. I already have an ACCA qualification plus masters in finance and I previously spent around 3.5 years on a student visa. So far I have tried to apply for second masters (both MBA and specialist masters in finance and banking) but the response is mainly negative although I am still waiting for quite a few responses from universities shortly. This is due to what universities are saying lack of academic progression for doing a second masters. I am aware of the possibility to try to apply for a higher research university programme but universities are now very strict in accepting students on research programmes. Also to find another job on a Tier 2 visa will be very difficult due to all the new rules applicable on switching employers and the current job market after Brexit. Any advice or suggestion will be appreciated. Many Thanks.

[CR001]

Also to find another job on a Tier 2 visa will be very difficult due to all the new rules applicable on switching employers

What 'new rules' are you specifically referring to??

[nomie1988]

Good Afternoon CR001,

Thanks for your reply. I was referring to the new salary thresholds for experienced workers, Resident Labour Market Test which I was exempt previously and also the new annual surcharge to be paid by employers on hiring people from outside the EU. Further last time I got the work permit from my employer in 2014 I was already working for them for six months on a Post Study Visa Work Visa so they had a chance to assess me before deciding to sponsor for Tier 2. This time I cant work for any other employer full time until I get a new visa so someone needs to make a decision even before hiring me.

I was wondering how difficult these days is for an employer to apply for a license or to satisfy the Resident Labour Market test if one has already got a license and the job is general like qualified accountant not on the shortage occupation list. Any advice or suggestion. Thanks again CR001.

[CR001]

Thanks for your reply. I was referring to the new salary thresholds for experienced workers, Resident Labour Market Test which I was exempt previously and also the new annual surcharge to be paid by employers on hiring people from outside the EU. Further last time I got the work permit from my employer in 2014 I was already working for them for six months on a Post Study Visa Work Visa so they had a chance to assess me before deciding to sponsor for Tier 2. This time I cant work for any other employer full time until I get a new visa so someone needs to make a decision even before hiring me.

RLMT is not new, so you are wrong on that one as it has been in place for a few years now. Salary thresholds is also not new, it is updated by HO as required based on the SOC and market rates, so not sure what you are referring to exactly. Switching employers does not mean you must meet the minimum £30k pa.

I was wondering how difficult these days is for an employer to apply for a license or to satisfy the Resident Labour Market test if one has already got a license and the job is general like qualified accountant not on the shortage occupation list.

Not difficult if all the requirements are met.

[nomie1988]

Good Evening,

Thanks for your advice and help CR001. I just want to confirm about what you advised earlier below regarding the validity of my Tier 2 incase if there is any problem with my Tier 4 application which I am planning in January 2018. Is there any reference to official guide or UKVI website link which I can refer for this issue because my employer has asked me to check again about this before making a Tier 4 application. Probably I need to show him that source of information so he is aware of it. Finally do you think this issue is something technical and I should take further legal advice on this or is it very simple that the existing tier 2 visa wont get affected if they don't accept my Tier 4 visa application. My current Tier 2 visa is already valid until 2020. Thanks again for your time.

Also what would be the implications for my current Tier 2 visa which is valid until 2020 incase my Tier 4 visa application is refused.

No effect, it does not get cancelled and remains valid. If your Tier 4 is granted, your Tier 2 will automatically be cancelled.

[nomie1988]

Hi,

Sorry I forgot to update I have now received a few offers for second specialist Masters in Finance which I have to accept and pay the deposit soon. I will be away on Christmas holidays so I am only looking to apply for Tier 4 visa in in January 2018 if possible. Thanks.

[nomie1988]

Good Evening CR001,
Sorry to bother you again but please can you advise on this. I just want to confirm about what you advised earlier below regarding the validity of my Tier 2 incase if there is any problem with my Tier 4 application which I am planning in January 2018. Is there any reference to official guide or UKVI website link which I can refer for this issue because my employer has asked me to check again about this before making a Tier 4 application. Probably I need to show him that source of information so he is aware of it. Finally do you think this issue is something technical and I should take further legal advice on this or is it very simple that the existing tier 2 visa wont get affected if they don't accept my Tier 4 visa application. My current Tier 2 visa is already valid until 2020. Thanks again for your time.

[CR001]

or is it very simple that the existing tier 2 visa wont get affected if they don't accept my Tier 4 visa application

This one. You are overthinking.