Please help... Is my colleague at risk of overstaying?

[Helen123]

Hi everyone,

So a colleague of mine started working in the U.K. In the middle of August. She entered on a tier 4 visa after summer holidays, which she was told to do by our employer. Her tier 4 visa expires in a couple days. Her CoS has been approved and came into effect yesterday but from what I've read online you need to make the application before your current leave ends in order to switch from tier 4 to tier 2. So my question is, is she at risk of overstaying if she doesn't complete the online portion of the application by the date that her tier 4 visa expires? Or is the CoS enough and she can apply within the next three months?

Thanks so much for your help

[CR001]

She MUST apply before her visa expires otherwise yes, she will be an overstayer.

In the middle of August. She entered on a tier 4 visa after summer holidays, which she was told to do by our employer. Her tier 4 visa expires in a couple days.

What is the history of the tier 4 visa? Has your colleague completed their course??

Might be best if your colleague registers on the forum and asks their own questions.

[Helen123]

Yes she did complete her course. I haven't spoken to her of my concerns because I don't want to worry her unnecessarily and our employer seems very convinced that by getting the CoS she is fine to apply at some point in the next 3 months.

[Helen123]

Would her visa be refused if she put her application in after it expired?

[CR001]

Would her visa be refused if she put her application in after it expired?

Yes. She will be an overstayer and won't be allowed to work etc. She must submit online before her current visa expires.

[Helen123]

Ok. Thank you so much for your help!

[CR001]

Yes she did complete her course. I haven't spoken to her of my concerns because I don't want to worry her unnecessarily and our employer seems very convinced that by getting the CoS she is fine to apply at some point in the next 3 months.

Yes, that is usually fine IF the applicant has sufficient time left on their visa.

Note that a COS is NOT a visa and does not give any rights to the applicant at all to remain in the UK.

[Helen123]

thank you very much! Also, we work in the entertainment business, so is she allowed to have been working for the last month without a tier 2 visa?

[CR001]

What work exactly is she doing, job title?

Is the employer an HO approved sponsor for tier 2 General visas?

When did she finish her studies?

[pere0026]

as CR001 mentioned above she should apply before her visa ends also assuming that CoS is actually valid. Also I think that RLMT should be done as well but might be mistaken