(PhD less than 12 months) Tier 4 to Tier 2

[joeng]

Hi there,

My friend is currently in month 9th of her MPhil/PhD and is offered a job from xxxxx (A rating licensed sponsor) to start immediately. She is on a Tier 4 visa and would like to know if she is eligible to switch to tier 2, given that she was already awarded Master degree (1 year) and Bachelor (3 years) from a UK university. As in the regulation from Home Office (link below):

“you must have successfully completed and passed a UK recognised bachelor’s or
master’s degree, Postgraduate Certificate in Education or Professional Graduate
Diploma of Education or have completed a minimum of 12 months study in the UK
towards a UK PhD during your current period of leave or a period of continuous leave
which includes your last grant of leave”

https://www.gov.uk/government/uploads/s ... _04_17.pdf

From what I understand, she already successfully passed both Bachelor and Master from UK recognised institutions, so she will be eligible to switch to Tier 2 without having to concern about her PhD whatsoever. is it correct?

Thank you so much in advance for any advice and clarification!!

[sah10406]

From what I understand, she already successfully passed both Bachelor and Master from UK recognised institutions, so she will be eligible to switch to Tier 2 without having to concern about her PhD whatsoever. is it correct?

Yes, but why are you acting as your friend's immigration adviser? I hope you are qualified and regulated.

[CR001]

From what I understand, she already successfully passed both Bachelor and Master from UK recognised institutions, so she will be eligible to switch to Tier 2 without having to concern about her PhD whatsoever. is it correct?

Yes, but why are you acting as your friend's immigration adviser? I hope you are qualified and regulated.

Agree, one would think a person who has a UK degree and Masters degree would have no issues asking their own questions

[joeng]

From what I understand, she already successfully passed both Bachelor and Master from UK recognised institutions, so she will be eligible to switch to Tier 2 without having to concern about her PhD whatsoever. is it correct?

Yes, but why are you acting as your friend's immigration adviser? I hope you are qualified and regulated.

Hi, thank you so much. I am not qualified or regulated, we were just arguing about this so I decided to ask everyone here but still since she is currently on Tier 4 visa under her PhD and she is just 9 months into this so her school said she would be classified as PhD student and hence has to complete at least 12 months of her study to be eligible

[sah10406]

since she is currently on Tier 4 visa under her PhD and she is just 9 months into this so her school said she would be classified as PhD student and hence has to complete at least 12 months of her study to be eligible

She needs to ask them why they think she doesn't meet the provision that you quoted in your first post. She clearly does. Which university is this?

[joeng]

From what I understand, she already successfully passed both Bachelor and Master from UK recognised institutions, so she will be eligible to switch to Tier 2 without having to concern about her PhD whatsoever. is it correct?

Yes, but why are you acting as your friend's immigration adviser? I hope you are qualified and regulated.

Agree, one would think a person who has a UK degree and Masters degree would have no issues asking their own questions

oh sorry for not clarifying, she's actually my girlfriend haha

[joeng]

since she is currently on Tier 4 visa under her PhD and she is just 9 months into this so her school said she would be classified as PhD student and hence has to complete at least 12 months of her study to be eligible

She needs to ask them why they think she doesn't meet the provision that you quoted in your first post. She clearly does. Which university is this?

Yeah she did and they said exactly that (her current Tier 4 is attached to her PhD so need to follow rules for PhD). The thing is the school understand it differently from what we all understand from the wording itself.

[sah10406]

Yeah she did and they said exactly that (her current Tier 4 is attached to her PhD so need to follow rules for PhD). The thing is the school understand it differently from what we all understand from the wording itself.

I assume this came from someone who should know, like an international student adviser, not just a random member of staff making it up as they go along who should not be giving immigration advice anyway?

Either way, your friend should complain.

[joeng]

Yeah she did and they said exactly that (her current Tier 4 is attached to her PhD so need to follow rules for PhD). The thing is the school understand it differently from what we all understand from the wording itself.

I assume this came from someone who should know, like an international student adviser, not just a random member of staff making it up as they go along who should not be giving immigration advice anyway?

Either way, your friend should complain.

It was from international student adviser, and yeah I do think what the Home Office thinks would matter most since they are the one giving out decisions.. thanks so much for your advice

[sah10406]

It was from international student adviser, and yeah I do think what the Home Office thinks would matter most since they are the one giving out decisions.. thanks so much for your advice

She must complain. The adviser has got it wrong, and they need to know that so they don't mess up another student's plans with their uninformed advice.

Perhaps she can print off the Home Office guidance, and this topic, and pass them to the manager of the adviser or whoever runs the international recruitment. Universities need to make sure their advisers are all trained, informed and competent.

[joeng]

It was from international student adviser, and yeah I do think what the Home Office thinks would matter most since they are the one giving out decisions.. thanks so much for your advice

She must complain. The adviser has got it wrong, and they need to know that so they don't mess up another student's plans with their uninformed advice.

Perhaps she can print off the Home Office guidance, and this topic, and pass them to the manager of the adviser or whoever runs the international recruitment. Universities need to make sure their advisers are all trained, informed and competent.

She is trying to clarify with the UKVI at the moment, if they confirm that our understanding is correct then she would bring this as evidence to the international immigration office of the school. Otherwise, it would be no point in arguing with them since there is no such specific case written in the guidance, it just the matter of different perspectives toward the same issue

[sah10406]

it just the matter of different perspectives toward the same issue

It really isn't. The Immigration Rules are absolutely clear. But whether she complains or not about this dodgy advice from her university, it really doesn't matter what they think!

Whether she makes a Tier 2 application inside or outside the UK is nothing to do with her university. It is for her Tier 2 sponsor employer to decide on what basis they are issuing her CoS: for an application in the UK, or in her home country. It is they she needs to be speaking with.

[joeng]

it just the matter of different perspectives toward the same issue

It really isn't. The Immigration Rules are absolutely clear. But whether she complains or not about this dodgy advice from her university, it really doesn't matter what they think!

Whether she makes a Tier 2 application inside or outside the UK is nothing to do with her university. It is for her Tier 2 sponsor employer to decide on what basis they are issuing her CoS: for an application in the UK, or in her home country. It is they she needs to be speaking with.

Yes I also told her this. She is contacting her Tier 2 sponsor employer now, hopefully I will be able to update on the matter soon. Thanks so much for your advice, it is really helpful!!

[Djsuccess]

it just the matter of different perspectives toward the same issue

It really isn't. The Immigration Rules are absolutely clear. But whether she complains or not about this dodgy advice from her university, it really doesn't matter what they think!

Whether she makes a Tier 2 application inside or outside the UK is nothing to do with her university. It is for her Tier 2 sponsor employer to decide on what basis they are issuing her CoS: for an application in the UK, or in her home country. It is they she needs to be speaking with.

Yes I also told her this. She is contacting her Tier 2 sponsor employer now, hopefully I will be able to update on the matter soon. Thanks so much for your advice, it is really helpful!!

if she finished her MSc within last 12 months, she will be able to switch to tier 2

[sah10406]

if she finished her MSc within last 12 months, she will be able to switch to tier 2

Where are you quoting this from? There is no time limit on when she completed her MSc.

[Djsuccess]

if she finished her MSc within last 12 months, she will be able to switch to tier 2

Where are you quoting this from? There is no time limit on when she completed her MSc.

thanks for calling my attention to this, I must have misread the 12 months thing which was referring to the minimum period to be spent on PhD before switching to tier 2. Thanks.

" you must have successfully completed and passed a UK recognised bachelor’s or master’s degree, Postgraduate Certificate in Education or Professional Graduate Diploma of Education or have completed a minimum of 12 months study in the UK towards a UK PhD during your current period of leave or a period of continuous leave which includes your last grant of leave"

[sah10406]

thanks for calling my attention to this, I must have misread the 12 months thing which was referring to the minimum period to be spent on PhD before switching to tier 2.

Which itself doesn't apply to OP either, as they have a UK degree completed in their current cumulative period of leave.

[Al_Hussen]

Can you please confirm what the outcome was? Was she able to switch successfully from tier 4 to tier 2 visa?