Tier 1 visa

[croshan]

I hold a Tier 1 visa which expires in Oct 2012. So far, I haven't used it. Now, I have an admission offer from a school in London where I will be joining this August as a full-time student. The course ends in Jun 2012. I would like to study on my Tier 1 visa. However, when I checked with UKBA this is what they had to say:

"Please be advised a person in the UK with leave to enter or remain under the Points Based System Tier 1 (General) can study if they choose to do so. However, this may affect any future extension or Indefinite Leave to Remain (ILR) applications if they do not meet the requirements, which include either taking or actively seeking employment.
Working full time and studying on a part time course may not affect any future applications. However, if a person is studying more than they are working, or not working at all, they would not be able to provide the required evidence for any extension or ILR application."

What is the worst case downside if I am found studying full-time and not working at all? Will I need to pay a penalty? Or will I be asked to apply for a fresh Tier-4 visa by leaving the country? And if so, will it consume a significant amount of time, like 2 weeks or so? And is there a possibility of being put behind bars or something of the sort?

[ddb]

What is the worst case downside if I am found studying full-time and not working at all? Will I need to pay a penalty? Or will I be asked to apply for a fresh Tier-4 visa by leaving the country? And if so, will it consume a significant amount of time, like 2 weeks or so? And is there a possibility of being put behind bars or something of the sort?


It's perfectly legal for you to study full-time whilst on a Tier 1 (General) visa [I presume you're on a Tier 1 (General)].

You just have to take note that if you intend to apply for an extension of your visa, you might not have the same points you had when you initially applied for your Tier 1 (General) visa as you wouldn't have been earning any income in the UK.

[croshan]

It's perfectly legal for you to study full-time whilst on a Tier 1 (General) visa [I presume you're on a Tier 1 (General)].

You just have to take note that if you intend to apply for an extension of your visa, you might not have the same points you had when you initially applied for your Tier 1 (General) visa as you wouldn't have been earning any income in the UK.

Thanks. Assuming I find work and am able to prove evidence of earnings, but am not able to prove that I have worked more than I have studied, and therefore, let's assume that they decline my extension. Can i go ahead and apply for Tier 2, at least? I am hoping that they won't refuse my Tier 2 on the grounds that I have sort of misutilised my Tier 1?

[ddb]

Thanks. Assuming I find work and am able to prove evidence of earnings, but am not able to prove that I have worked more than I have studied, and therefore, let's assume that they decline my extension. Can i go ahead and apply for Tier 2, at least? I am hoping that they won't refuse my Tier 2 on the grounds that I have sort of misutilised my Tier 1?

You don't need to prove that you've worked more than you've studied, as long as the earnings you get in the UK aid in at least getting you the same points you claimed for previous earnings when you first applied for Tier 1 (General).

Regarding Tier 2, you can apply for that route. It doesn't matter how you utilised your Tier 1, as long as you fit the eligibility criteria for Tier 2.

[croshan]

You don't need to prove that you've worked more than you've studied, as long as the earnings you get in the UK aid in at least getting you the same points you claimed for previous earnings when you first applied for Tier 1 (General).

Regarding Tier 2, you can apply for that route. It doesn't matter how you utilised your Tier 1, as long as you fit the eligibility criteria for Tier 2.[/quote]

Oh, cool! That's very relieving. So, there is no downside at all!
But ya, they look for full year earnings as a part of T1 criteria. How do people manage this hurdle? In my case, I don't see myself working longer than 4 months before my visa comes up for renewal! HR help has to be sought, huh?

[ddb]

Oh, cool! That's very relieving. So, there is no downside at all!
But ya, they look for full year earnings as a part of T1 criteria.

No. What is assessed is your 'total earnings' in a 12-month earning period from 15 months immediately before you apply. So if you earn enough to be able to claim the points required, in less than 12 months, then you're good to go.

[croshan]

But if I leave UK in the middle of my study period for a family visit, will I have problems with the immigration officer on my return?

I always had this basic doubt. Tier 1 visa is given to look for work. I mean, what is the guarantee that I will find a job for sure? So, can't this be a valid explanation to the immigration officer as to why I am not yet working.

[ddb]

But if I leave UK in the middle of my study period for a family visit, will I have problems with the immigration officer on my return?

No you won't have any problems. You're also allowed to study whilst on a Tier 1.

I always had this basic doubt. Tier 1 visa is given to look for work. I mean, what is the guarantee that I will find a job for sure? So, can't this be a valid explanation to the immigration officer as to why I am not yet working.

Agreed that there's no guarantee that you would find a job for sure but according to UKBA immigration rules, Tier 1 is for highly skilled migrants who wish to work, or become self-employed. It's not a must that you already have a job (offer). Regards to explaining to the immigration officer why you are not working, the truth is that you are still looking for work; which is not illegal as that is what your visa permits you to do any ways.

[croshan]

How soon could I apply for an extension? Currently, my visa is valid from Oct 31st 2010 till Oct 31st 2012. So, can I go for an extension now, though I haven't utilised the visa so far? If my visa can be extended now, it would be a great help in meeting earnings thresholds easily at the time of renewal.

Many thanks for all the help with my questions.

[ddb]

How soon could I apply for an extension?

You can apply as soon as you want if you meet the requirements for an extension. Going through this forum - Early Extensions: Tightening the noose - might aid in your making a decision.

Currently, my visa is valid from Oct 31st 2010 till Oct 31st 2012. So, can I go for an extension now, though I haven't utilised the visa so far? If my visa can be extended now, it would be a great help in meeting earnings thresholds easily at the time of renewal.

I think if you feel that it's best to extend now because you meet the earnings threshold AND (might I add) the other requirements, then go for it. That's just my opinion. Hope it helps.