Applying for Tier 5 GAE after Tier 4 expired

[tingzhi]

Hello,

I've recently been offered a 1 year paid internship in the UK- and am hoping to convert to the Tier 5 GAE Visa from my current Tier 4 student visa. However, the company providing my sponsorship can only issue the CoS on 23rd August earliest, which is 2 days after my Tier 4 visa expires.

Will I still be able to apply from within the UK under the 28 days "grace" period, or will I have to go back to my home country to make an application? In this instance that I have to go back to my home country, the agency says that I will have to wait 2 months before making a new visa application... is this true? I can't find any information about it!

Hope to shed some light on this situation!! Thanks in advance.

[geriatrix]

Do you meet the requirement 245ZQ(b)(vi), among the others?

Are you absolutely certain that a CoS will be issued in time for you to make an application for leave to remain under Tier 5 within the "28 days" period? If you are, then yes, 28 days overstay will not matter (245ZQ(i)) .... but do remember that any period of overstay from the day your Tier 4 leave expires until the day you are granted Tier 5 leave will not become legal even if Tier 5 leave is granted.