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UK graduate visa application

General UK immigration & work permits; don't post job search or family related topics!

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affie1
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Posts: 3
Joined: Thu Mar 09, 2023 3:35 pm
United Kingdom

Discretionary/Mandatory refusal categories/Non custodial order

Post by affie1 » Fri Mar 10, 2023 10:47 am

Hi all I was given absolute discharge recently that counts as a non custodial order for a rail bye law offence. I would want to switch from tier 4 to tier 2/ graduate visa or global talent visa within a year. How could this affect my tier 2 or graduate work visa application? For example, I have read for ILR at least 24 months have to be passed before applying if one has an absolute discharge. Is there any minimum restriction for work visa such as graduate, tier 2, global talent or graduate visa? I read immigration rules on grounds for refusal and it says under 'Entry clearance and leave to enter' that such applications will have discretion of the officer if there is a non custodial sentence in the last 12 months (which I guess is absolute discharge).

I have two questions:

1) Is the switch from tier 4 to one of these work visa categories considered leave to remain or enter?
2) If the switch from tier 4 to global talent or graduate work visa is considered entry clearance (since its a new visa category)—would I be better off to wait 12 months so the discretionary refusal part does does not apply or would it still be ok to do so before 12 months (since it is not mandatory refusal category).

affie1
Newly Registered
Posts: 3
Joined: Thu Mar 09, 2023 3:35 pm
United Kingdom

Re: Discretionary/Mandatory refusal categories/Non custodial order

Post by affie1 » Fri Mar 10, 2023 2:10 pm

Hi,

I kindly request the moderators or veterans to shed some light here

affie1
Newly Registered
Posts: 3
Joined: Thu Mar 09, 2023 3:35 pm
United Kingdom

UK graduate visa application

Post by affie1 » Sat Mar 11, 2023 4:36 pm

Hi,

I have a uk railway byelaw conviction for + absolute discharge (which I will declare). I was wondering whether this is a recordable or a non-recordable offence for immigration purposes?

As there is discretionary grounds by visa officer if there is a non-custodial disposal that is recorded on criminal record. I wanted to know if recordable and non recordable convictions are seen differently by visa officer?

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