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Urgent help please --Switch from tier 4 to tier 2

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ekom84
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Posts: 15
Joined: Wed Apr 23, 2014 7:50 pm

Urgent help please --Switch from tier 4 to tier 2

Post by ekom84 » Wed Apr 23, 2014 8:07 pm

Hello all...

I have done my Bachelor Degree from india,
Graduate Certificate of hospitality (Level-6) one year, Post-Graduate Diploma in hospitality in hospitality Level-7) one year
from University in the United Kingdom.
I have equated my Indian Bachelor from UK Naric and they said, it is Equivalent to UK Bachelor Degree....
Now i have employer who is willing to sponsor me..
My question is:
CAN I APPLY FOR TIER-2 (GENERAL) CATEGORY ????

Many Thanks....

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent help please --Switch from tier 4 to tier 2

Post by manci » Thu Apr 24, 2014 7:45 am

if your degree is equivalent to a UK bachelors degree you will score 10 points for English but you will need to meet all other requirements for Tier 2. Read the policy guidance:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

ekom84
Newly Registered
Posts: 15
Joined: Wed Apr 23, 2014 7:50 pm

Re: Urgent help please --Switch from tier 4 to tier 2

Post by ekom84 » Thu Apr 24, 2014 9:36 am

Many thanks for your reply Manci..

i have sponsorship from my employer..
job has been posted to job center more than 60 days ..
they are willing to pay me 30k per year
company will be maintain the funds for me.

Is there any thing else i need ?
please do reply ASAP...

Appreciate.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent help please --Switch from tier 4 to tier 2

Post by manci » Thu Apr 24, 2014 10:01 am

You must have a restricted CoS if you are applying for entry clearance. Check that the skill level (SOC code) and salary meet the requirements.

ekom84
Newly Registered
Posts: 15
Joined: Wed Apr 23, 2014 7:50 pm

Re: Urgent help please --Switch from tier 4 to tier 2

Post by ekom84 » Thu Apr 24, 2014 5:03 pm

Hello Manci..

I got refusal for my visa,
I have scored 70 points and the reason for refusal they gave me
--Post-Graduate Diploma in hospitality in hospitality (Level-7) is not accepted either as bachelor/masters.
but i scored 70 points and
i did send the UK naric letter which says my Indian Bachelor from is Equivalent to UK Bachelor Degree

Can you please suggest me what should i do next ?

Many thanks...

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Urgent help please --Switch from tier 4 to tier 2

Post by manci » Thu Apr 24, 2014 5:38 pm

the refusal is likely to do with the nature of your studies.

Read the rules:
https://www.gov.uk/government/uploads/s ... ndix_B.pdf

Based on the rules if you feel that you shouldn't have been refused the visa challenge the decision (see the refusal letter how), otherwise pass the required English test and re-apply with a new CoS

ekom84
Newly Registered
Posts: 15
Joined: Wed Apr 23, 2014 7:50 pm

Re: Urgent help please --Switch from tier 4 to tier 2

Post by ekom84 » Thu Apr 24, 2014 8:01 pm

Thanks for your reply Manci..

Here are the words to words the points i have been awarded..

Sponsorship 30 points
Appropriate salary 20points
English Language 10 Points
Maintenance (funds) 10 points

And the reason they gave me THE PROVIDED "POST GRADUATE DIPLOMA IN HOSPITALITY MANAGEMENT " is not considered either
* Uk recognized Bachelor or master degree or
* UK Post graduate Certificate in Education or Professional Graduate Diplomaof Education.

Please check my qualification above i have mentioned to you and please suggest me what should i do ..

Many Thanks.

kingfahad35
Member
Posts: 195
Joined: Sat Feb 14, 2009 2:34 pm
Location: London

Re: Urgent help please --Switch from tier 4 to tier 2

Post by kingfahad35 » Fri Apr 25, 2014 5:43 pm

Hi,
The following info might help :
Also consult with Amber or solicitor

• Postgraduate certificates and diplomas (except PGCE/PGDE);

https://www.gov.uk/government/uploads/s ... _04-14.pdf


UK recognised degree
94. For a qualification to be considered a UK recognised degree, it must have been awarded
by a UK recognised body. A qualification will have been deemed to have been ‘obtained’
on the date on which you were first notified in writing, by the awarding institution of the
award.
95. A UK recognised body is an institution which has been granted degree awarding powers
by a Royal Charter, an Act of Parliament or the Privy Council. All UK universities and some
higher education colleges are UK recognised bodies.
96. Further information on the UK recognised bodies can be found on the Gov.UK website at
www.gov.uk/recognised-uk-degrees-recognised-bodies.
Qualifications that are not acceptable
97. Qualifications that cannot be used for the award of points include:
• Foundation degrees;
• Honorary degrees;
• Qualifications awarded in the UK by overseas awarding bodies;
• Qualifications undertaken solely at an overseas campus of UK institutions;
• Postgraduate certificates and diplomas (except PGCE/PGDE);
• Professional qualifications (whether or not they are of an equivalent level) that are not
degrees.
Tier 1 (G) to ILR

ekom84
Newly Registered
Posts: 15
Joined: Wed Apr 23, 2014 7:50 pm

Re: Urgent help please --Switch from tier 4 to tier 2

Post by ekom84 » Fri Apr 25, 2014 9:06 pm

Thank you kingfahad for your reply...

I obtained my qualification from University of west London which is in that list ...
But my course is Post Graduate Diploma in hospitality management level-7

Now please suggest me shall go for challenge to their decision or i should complete my masters first,--
and my visa going to expire on 24th may ...what if my visa will expire before their decision , can i apply for student visa after that ?
please reply me ASAP...

Many thanks...

kingfahad35
Member
Posts: 195
Joined: Sat Feb 14, 2009 2:34 pm
Location: London

Re: Urgent help please --Switch from tier 4 to tier 2

Post by kingfahad35 » Fri Apr 25, 2014 9:57 pm

is ur diploma PGCE/PGDE ? if not then in my opinion ans is no

UK Postgraduate Certificate in Education (PGCE) or
Professional Graduate Diploma of Education (PGDE)

U need to re-study Tier 2 form and it's guide note properly.

or consult with senior adviser

-------
also see

• you have successfully completed and passed a UK recognised bachelor’s or master’s
degree; or UK Postgraduate Certificate in Education (PGCE) or Professional
Graduate Diploma of Education (PGDE); or you have completed a minimum of 12
months study in the UK towards a UK PhD during your last grant of leave or period of
continuous leave which includes your last grant of leave; and
your period of study and/or research towards your award was undertaken whilst you
had entry clearance, leave to enter or leave to remain in the UK and you were not
subject to a restriction preventing you from undertaking a course of study and/or
research; and
• you studied for the eligible award at a UK institution that is a UK recognised or listed
body, or holds a sponsor licence under Tier 4 of the Points-Based System; and
• you are applying from inside the UK.
Your sponsor will be exempt from undertaking a resident labour market test. Please note your
application to switch will be refused if you do not meet all of the above requirements, even if
your sponsor has chosen to conduct a resident labour market test.
Tier 1 (G) to ILR

ekom84
Newly Registered
Posts: 15
Joined: Wed Apr 23, 2014 7:50 pm

Re: Urgent help please --Switch from tier 4 to tier 2

Post by ekom84 » Sat Apr 26, 2014 7:24 pm

Hello.
I have appeal on Immigration board's decision ....can anyone suggest me what will happen
If my visa will expire before their decision ,.... can i apply again for student visa after that ?

Many thanks

Bibabibab
Newly Registered
Posts: 15
Joined: Thu Jan 19, 2012 7:55 pm

Re: Urgent help please --Switch from tier 4 to tier 2

Post by Bibabibab » Mon Apr 28, 2014 9:56 am

I am a little confused as to why your application was rejected to be honest. The quoted text as far as I can tell in relatin to the UK equivalent bachelor or masters degree has to do with the Resident Labour Market Test exemption I believe. However, you say that your employer has completed the RLMT, so as far as I can see that should not be a problem. Did you perhaps make a mistake on the application form and seek to rely on your diploma as a UK Bachelors degree for the purpose of the exemption?! Or maybe the COS your employer issued for you did not indicate that a RLMT was undertaken?

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