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Overstaying in the UK after my Tier 4 - Tier 2 implications

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Tutankhamen
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Posts: 1
Joined: Thu Sep 19, 2019 7:48 am
Egypt

Overstaying in the UK after my Tier 4 - Tier 2 implications

Post by Tutankhamen » Thu Sep 19, 2019 8:08 am

Hi,

I'm in a sticky situation at the moment and I'd appreciate help from those knowledgeable.

Currently, I'm on a Tier 4 General Student Visa that expires on 23/9/2019 - few days from now. I found an employer who chose to sponsor me for a Tier 2 General Visa. Unfortunately, due to the incompetency of their HR department, my application is very likely to get rejected. I should hear back in in the next 5-7 weeks. Long story short, they decided to applying for a different job SoC code which doesn't align with my current job description because that meant they have to pay me less salary, even though I advised them against it.

The following are my questions:
1) In the event that my T2 application gets rejected, I heard that I have another 14 days to either leave the country or apply for a new visa. Correct?

2) Assuming correct for (1), during those 14 days, IF I manage to find another sponsor, can I apply apply for a second T2 Visa while still bearing the benefits of a T4 Visa even though it expired several weeks back? (benefits being lower new entrant salary, exemption from RMLT etc.) Or, will I have to apply for a T2 with full sponsorship requirements without T4's help?

3) To qualify as a new entrant, I know I need to be a recent University graduate from a UK institution etc. etc. But, does that mean my T4 also needs to be active or can I be classified as a new entrant even if my T4 expired? Assuming I'm still in the UK.[/list]

Thank you.

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Zerubbabel
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Posts: 2519
Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: Overstaying in the UK after my Tier 4 - Tier 2 implications

Post by Zerubbabel » Mon Sep 23, 2019 9:35 pm

Unfortunately, due to the incompetency of their HR department, my application is very likely to get rejected.
You seem so certain that the visa will be rejected. Why that?

You would like to invoke article 3C to stay in the UK while they are considering your Tier 2 application. However, if your employer submitted an invalid application as you seem to suggest, you won't be covered by the 3C.

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