Can I apply from inside the UK? Please help....

[cs95tdg]

For information on tier 2 RLMT exemptions take a look through page 25-28 in the tier 2 policy guidance below to see if you would qualify. https://www.gov.uk/government/uploads/s ... 4_2016.pdf

[darkcloud20]

Topic moved to Tier 2 sub forum.

Hi Vinny,

Will the experts in Tier 2 forum start to reply me within this thread? Or, I myself have to post separately in Tier 2 forum?

Please reply asap. Very urgent. Thanks

[cs95tdg]

My last response in this topic was made after it was moved to the Tier 2 forum by Vinny. So anyone who wishes to or is able to answer your queries will be able to now; you don't need to re-post it again.

[darkcloud20]

hi all..

a very urgent question....

in the document of 3c-3d Leave, I found the following:---
(https://www.gov.uk/government/uploads/s ... ve-6_0.pdf)

A person will have section 3C leave if:
• they have limited leave to enter or remain in the UK
• they apply to the Secretary of State for variation of that leave
• the application for variation is made before the leave expires
• the leave expires without the application for variation having been decided
• the application for variation is neither decided nor withdrawn

Reading the third point I understood that - For eg - Someone's leave expires on 20 March, and he made a FLR application on 19 March. After 2 weeks (application is Not decided yet) he wants to vary his application from FLR to Tier 2. In this case, he will NOT be protected by section 3C anymore as his application of Variation is made AFTER the leave expires.

Am I right?

[vinny]

Their terminology may be confusing. The "application for variation" is just referring to an in-time application for further/indefinite leave to remain.

Further down,

This section explains how a variation application is to be treated while leave is extended by section 3C of the Immigration Act 1971 (“section 3C leave”).
A variation application can seek to vary the:
• length of time for which the person is permitted to remain in the UK
• the condition attached to the leave
• the purpose for which the person is permitted to remain in the UK
While the person’s leave is extended by section 3C they cannot make a new application for variation of leave. This is because Section 3C (4) states:
‘A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by this section.”
However section 3C (5) does allow the person to amend their existing application at any time before it is decided by the Secretary of State. The application to amend the existing application has to be a valid application. Where there is a difference in the fee between the initial variation application and the amended application any additional fee must be paid.

Example
The initial variation application is for an extension of PBS leave. Before that application is decided, the applicant makes an application for leave under the family route. The family route application will amend the initial application. The higher family route fee must be paid before the application is valid. The application for an extension of PBS leave will no longer be considered.

[darkcloud20]

Regarding leaving UK------------
An extremely Urgent question:--- -----

My uni reported me to the home office on "27 April" (in an earlier post I said 26th april which was a mistake) .
From 27th April to TODAY (25 June) = 60 days.
I do NOT want to be a overstayer.
HO has two addresses of me. I contacted with the tenants of both of the addresses. They said, according to their knowledge, they did NOT receive any curtailment letter yet. I think there is a possibility that that the letter came but it is lost or missing or someone threw it. so I am NOT 100% sure whether the letter came or not. (Note: In the end of April, I moved to a new address which is NOT in the HO record).
Is there any risk of being overstayer,if I do NOT leave UK today ?
What is the chance that HO curtailed my visa on the 27th April after getting the report from my uni?
Please reply asap.

[Casa]

Yes of course there's a risk of you being an overstayer. It was your responsibility to notify the Home Office of your new address, which I believe you'll find has already been advised much earlier on within your multiple pages of advice. The HO will hardly take an excuse that you didn't receive the termination of leave letter as you have no sound evidence that this wasn't the case.

[darkcloud20]

Hi experts, could you please address the following matter. Thanks a lot.

I came in UK with Tier 4 visa for Foundation course (below degree level) in 2012. Then I applied for Tier 4 visa from within the UK for my BSc (hons.) course in a different university. It was a 3 year course. After completing BSc (hons), I applied for Tier 4 for MSc course in a different university. I did NOT finish my MSc, I myself withdrew in April this year from MSc. My tier 4 visa for MSc is 16 months in duration.
Am I eligible to switch (from within the UK) to "Tier 2" visa from my current Tier 4 visa if I can manage a COS ?

I am confused about my eligibility because of the following para from Tier 2 policy guidance (ver 04/2016):--

102. You will be awarded 30 points if you have a Certificate of Sponsorship and are applying to switch into Tier 2 (General) and you have or were last granted entry clearance, leave to enter or remain as a:
 Tier 4; or
...
...
...
...
AND YOU MUST MEET ALL OF THE FOLLOWING REQUIREMENTS DESCRIBED BELOW:

 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.

[darkcloud20]

anyone please?

[Casa]

Are you sure this hasn't already been covered within the 8 pages of advice?

[darkcloud20]

Are you sure this hasn't already been covered within the 8 pages of advice?

not sure

[CR001]

Perhaps you should spend some time reading through all the responses you have already received, including all the links that have been provided as the answer you keep seeking again and again, has already been answered numerous times.