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On Tier 4 visa - can I fill a permanent vacancy?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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JennyH
Newly Registered
Posts: 6
Joined: Mon May 02, 2022 2:44 pm
United Kingdom

On Tier 4 visa - can I fill a permanent vacancy?

Post by JennyH » Mon May 02, 2022 2:54 pm

Hi there,
I am currently on a Tier 4 visa. I have completed my studies and I now have 4 months leave remaining in the UK. I am planning to now apply for a skilled worker visa and I have an employer ready to sponsor me.

My question is, can I work full time now for my future employer?

I am looking at section ST 26.6. of the Home Office guidance which states:

A Student who makes a valid application for permission to stay under the Skilled Worker, or Graduate route, may start employment in a full-time permanent vacancy either up to 3 months prior to the course completion date (for the Skilled Worker route) or once they have successfully completed their course of study (for the Graduate route), provided all of the following apply:

(a) the Student is studying a full-time course of study at degree level or above with a higher education provider with a track record of compliance; and
(b) the application as a Skilled Worker, or Graduate, was made when the applicant had permission as a Student; and

I'm confused by this. I am no longer studying a full-time course of study as my course has completed. Am I still eligible to work full time in a permanent capacity for my future employer once I lodge my skilled worker application? Thanks

Wikileaks
Newly Registered
Posts: 18
Joined: Mon Jan 13, 2020 6:49 pm
United Kingdom

Re: On Tier 4 visa - can I fill a permanent vacancy?

Post by Wikileaks » Mon May 02, 2022 4:18 pm

I don't think you have any problem working full time now since you've completed your studies.

JennyH
Newly Registered
Posts: 6
Joined: Mon May 02, 2022 2:44 pm
United Kingdom

Re: On Tier 4 visa - can I fill a permanent vacancy?

Post by JennyH » Mon May 02, 2022 5:14 pm

Thanks for your reply. I know I can work full time, but what I need to know is whether I can work full time in a permanent vacancy.

sah10406
Diamond Member
Posts: 3715
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: On Tier 4 visa - can I fill a permanent vacancy?

Post by sah10406 » Tue May 03, 2022 12:57 pm

JennyH wrote:
Mon May 02, 2022 2:54 pm
Am I still eligible to work full time in a permanent capacity for my future employer once I lodge my skilled worker application?
Yes, that's what ST 26.6 says.

But it's your employer who needs to be sure they can employ you on that basis, so check with them that they are.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

JennyH
Newly Registered
Posts: 6
Joined: Mon May 02, 2022 2:44 pm
United Kingdom

Re: On Tier 4 visa - can I fill a permanent vacancy?

Post by JennyH » Thu May 05, 2022 12:47 pm

They said they want me to start working for them permanently. This is the job I will be sponsored to do. Do you think I need to check anything else with them?
Thanks!

lolo2
Diamond Member
Posts: 1123
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: On Tier 4 visa - can I fill a permanent vacancy?

Post by lolo2 » Thu May 05, 2022 3:21 pm

You only need a CoS from the employer, pay the fees, etc. for you to apply for the SW visa, provided you already completed your studies.

I switched myself from Tier 4 to a Tier 2 visa in a 'permanent' position a few years ago.

The fact it is a permanent or a fixed-term contract is irrelevant to the application. The CoS will specify how long the employer is sponsoring you.

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