Can I switch from Tier 2 (Gen) to Tier 4?

[cyborg001]

Hello,

I have just been made redundant on my Tier 2 (Gen) visa with my last date of employment being 31st Dec. I entered UK first in Aug 2006 as a student and therefore I am only 8 months away from ILR under 10 year long residence rule.

My history is as follows: I entered the country on 26 Aug 2006 on a student visa aged 23 and did a bachelors and MSc finishing in Feb 2010. I switched to a Tier 1 (PSW) after my masters in Feb 2010 and started work at employer A in July 2010. They sponsored my Tier 2 (Gen) permit after a year in July 2011 (if time worked on PSW was counted I would be eligible for ILR already!). Then I switched to employer B in June 2014 on another Tier 2 (Gen) visa valid until 2019. They made me redundant out of the blue last Friday and I'm currently on my notice period until 31st Dec. After this I will have my leave curtailed unless I find another job which is near impossible as people are not sponsoring any more even if I get good matches. And I don't want to wait till the end as so close to ILR.

So my question is:

1.) I have done both my degrees in engineering but work in business/consulting i.e. unrelated. I studied a total of 3 years. I'm considering switching to a Tier 4 for MBA. Would I be allowed to switch if a university sponsors me? Do I need to apply before my termination date (31st) or can also do this during the 60 day curtailment period?

Thank you very much.

[cyborg001]

Forgot to ask:

Does the 5 year cap count time spent in education or time of visa validity? In 2006 it was not points based or linked to institution and so I did my bachelors and masters on same visa at different universities.

My student visa was valid from 08/06 to 10/09. I the got a Tier 1 (PSW) issued in UK on 26 Feb 10. Does this mean I was living illegally and and have a break in 10 year ILR? They issued the PSW so should not be?

It has been a while since I studied and need it for progression as in business work area.

[sah10406]

Would I be allowed to switch if a university sponsors me?

If you meet all the Tier 4 requirements, including credibility as a genuine student, yes.

Do I need to apply before my termination date (31st) or can also do this during the 60 day curtailment period?

#
Before the end of your leave.

Does the 5 year cap count time spent in education or time of visa validity?

Visa validity of a student visa or Tier 4 visa for degree level study.

My student visa was valid from 08/06 to 10/09. I the got a Tier 1 (PSW) issued in UK on 26 Feb 10. Does this mean I was living illegally and and have a break in 10 year ILR? They issued the PSW so should not be?

If you applied before the end of your student visa, no.

[cyborg001]

OK now I'm a bit worried! At that time I had no idea about application dates etc. as I was relying on my university admissions office to keep me informed about legal formalities.

It seems I applied in Feb 2010 and so there was a gap from Nov - Jan. I'm worried this means I was in breach and broke my residence unknowingly? I had no idea and I don't understand that why did UKBA not mention this or raise exception or deny new visa when I applied for the PSW via premium service?

Please advise.

[cyborg001]

Hello,

Regarding the above, I have a question as I am in a similar situation.

I'm currently on a Tier 2 (Gen) work visa and want to do an MBA (Tier 4) starting 18th Jan. My current Tier 2 visa is valid until 2019. So I want to switch into education for career progression as my previous degrees (BEng and MSc) were in deep science (electronic engineering) and I work in Business Consulting where an MBA is a very beneficial qualification. The total period I spent studying the previous courses was 3 years and 2 months (my non tier student visa validity from 2006 to 2009).

1.) Will they allow me to switch to this MBA as my work visa is still valid and I clearly want to study for career progression?
2.) Since my leave is valid until 2019, does this mean I am beyond the 28 days from start of course to allow me to switch within UK, or this is only for leave expiring earlier? Can I apply in UK or need to leave? Confusing me!

Thanks!

[cyborg001]

Also:

1.) Will they allow me to switch to this MBA as my Tier 2 (Gen) work visa is still valid until 2019 and I clearly want to study for career progression as both degrees were pure science and I work in Business Consulting where an MBA is very sought after and useful?

2.) Since my leave is valid until 2019, does this mean I am beyond the 28 days from start of course (18th Jan) to allow me to switch within UK, or this is only for leave expiring earlier? Can I apply in UK or need to leave? Confusing me!

Thanks!

[sah10406]

as long u hvn't spend 8 yr on tier 4 visa which u clearly not, they won't refuse ur application as ong u get the CAS from uni.

What does 8 years have to do with it? You seem to have either misunderstood OP's situation. They do not already have a PhD equivalent degree.

[sah10406]

1.) Will they allow me to switch to this MBA as my work visa is still valid and I clearly want to study for career progression?

I assume by "they" you mean your university. I imagine they would be happy with this progression, but you need to check this with them direct.

2.) Since my leave is valid until 2019, does this mean I am beyond the 28 days from start of course to allow me to switch within UK, or this is only for leave expiring earlier? Can I apply in UK or need to leave? Confusing me!

28 days is the maximum gap between the end of your leave and the start of your course. It sounds like you have not yet resigned from your job, but when you do your Tier 2 leave will be curtailed. If it is curtailed to more than 28 days before the start of your course, you will need to apply in your home country.

[sah10406]

Answered on the other topic you have hi-jacked!

[cyborg001]

Hmm this is so weird! I'm in the country and of course I won't resign until I know that the university will assign me a CAS and the UKBA issues me a visa. Upon switch I can simply give 2 weeks notice and they will automatically cancel my CoS in SMS.

Why is this always a catch-22? Who in their right mind would resign from a Tier 2 job before having a firm offer and visa? The course starts on 18 Jan so it will make no sense to just go abroad to switch. I would have thought having valid leave to remain would mean I can apply freely as not expiring. Applying within curtailment period would make UKBA think I'm simply doing it to try and remain in the country! Is there no logic in any of these processes for people following rules?

[sah10406]

Upon switch I can simply give 2 weeks notice and they will automatically cancel my CoS in SMS.

That is fine. You may have misunderstood my advice. There is no requirement to leave your Tier 2 job before making the Tier 4 application, nor was I advising you to do so.

Applying within curtailment period would make UKBA think I'm simply doing it to try and remain in the country!

Applying during the 60 days before curtailment is also fine and normal. You are perceiving problems or catches where there are none.

[cyborg001]

You cannot therefore make a Tier 4 student application in the UK if you are applying to stay in the UK to study a new course and the start date of the course is more than 28 days after the date your current visa will expire.

Saw the above on a site. The word "after" would imply this is only applicable if the current visa was expiring or already expired. Mine is clearly valid for many years still so this should not be applicable to me and I should be OK for in-country switch. Common sense and logic would also support that. I'm still working so how on earth am I suddenly expected to take leave and fly abroad just to make an application when I'm living perfectly legally with valid leave to remain.

Can someone somehow confirm this please?

[sah10406]

I'm still working so how on earth am I suddenly expected to take leave and fly abroad just to make an application when I'm living perfectly legally with valid leave to remain.

No idea where you get this idea that you need to leave the UK, especially from that paragraph. Your course starts way *before* your visa expires, not "more than 28 days after".

[cyborg001]

Ah! Sorry mate! I got confused and I'm quite impatient haha.

I thought when you said the below, it meant I had to leave as "gap" between my visa and start date was over 28 days. I can drink my tea now in peace. Thanks!

28 days is the maximum gap between the end of your leave and the start of your course. It sounds like you have not yet resigned from your job, but when you do your Tier 2 leave will be curtailed. If it is curtailed to more than 28 days before the start of your course, you will need to apply in your home country.

[CR001]

I got confused and I'm quite impatient haha.

Being impatient on the forum will not get you constructive advice. If you need advice so urgently that you cannot wait, you are of course free to pay an OISC advisor or solicitor, given that we offer our time here for free and also have family/jobs/commitments etc members will reply when the feel they can or wish to. Also, please don't tag your query onto other members threads, it creates confusion.

You might be best to invest your time (and money) on any of the visas that you do qualify for or extend your Tier 2 with a new employer. Given that you are looking for a means to bridge an 8 month period to reach 10 years, you have a number of options and have created a couple of threads asking for advice.

Urgent advice need on my options for 10 year ILR route

Advice regarding marrying my British fiance

If you perhaps break your questions down into a more simple and concise form, you might get a response as your posts as they stand, are long and cover a mix of visa scenarios, which is likely why you have not had member contributing.

[cyborg001]

Sorry

You think the big boss is watching these threads secretly?

[CR001]

You think the big boss is watching these threads secretly?

Depends who the big boss is and what he hopes to gleen from the forum

[cyborg001]

Haha, I mean the UKBA. Might be gathering info. and matching it to cases that come in to catch people out! You never know in this spy age. :O

Also, I know you've told me to be concise, but I have laid out my history and exact questions quite nicely in those other threads.

Please, if any of you have any advise on any of those then that would be lovely.

[CR001]

HO don't have the resources to peek about every immigration forum to 'catch people out'.

You need to list the simple questions per visa category. People who respond in family immigration don't necessarily have the knowledge of 10 years ILR or Student visas.

Even though you have laid it out, it is not for members to go and research every point you have made. Keep it simple, focus on one and ask simple questions about that. There is no easy route, you will have to do some of the slog of legwork and reading yourself and ask questions if anything is unclear. Simply stating your problem and asking what we think and then waiting for the best advice is not a good way to do it. You need to decide which route you want to go with and focus on that, as at the moment you are all over the place with 3 options and it get confusing as they are all different rules.

[cyborg001]

Hello,

I have a situation update and a question to ask.

I have now got a firm offer for the MBA and just need to pay the fees to obtain the CAS. But before this I want to understand what would/could happen if my student visa is rejected by chance. I will apply for a premium appointment before Dec end i.e. while my current Tier 2 visa is still valid i.e. date of application will be before my current leave ends.

Q1.)But if I get my appointment in early Jan i.e. when they know I have left my job, could they then reject my visa (for any grounds) and curtail my leave to remain on the spot?
Q2.) If they do that then could they curtail it to a very small period i.e. even just few days or 28 days or give me full 60 days or so still to stay in UK?

This is my worry that would I be jeopardising my case more by applying for this student visa rather than just wait to get married in Feb and apply for spouse visa? I have already received the no objection for marriage by HO Liverpool.

[sah10406]

Q1.)But if I get my appointment in early Jan i.e. when they know I have left my job, could they then reject my visa (for any grounds) and curtail my leave to remain on the spot?

No.