Process from Tier 4 to Tier 2 visa with cost

[swapyp]

Hello Everyone,

I am on my Tier 4 student Visa which is valid until Feb 2021.
I just completed my one year work placement in June 2020.
Now I am working on my dissertation. Submission end date for my dissertation is 2nd October 2020.
As per University as soon as I submit my dissertation I am allowed to work full time until my visa expires.
For example, If I submit my dissertation by end of August 2020 - I can work full time, even if my dissertation sibmmision date is 2nd October 2020 and my final result out date is 12th November 2020. Is it true?

Secondly, my placement company promised me before covid happened that they will sponser me tier 2 visa but now after covid they are not sure. They asked me to research on the Tier 4 to Tier 2 process with the cost and get back to them. They have sponsorship license but haven't sponsored anyone yet. So can anyone help me with the Tier 4 to Tier 2 process along with the overall cost?

Thank you!

[CR001]

Google and UKVI website??

https://www.gov.uk/tier-2-general

[sah10406]

For example, If I submit my dissertation by end of August 2020 - I can work full time, even if my dissertation sibmmision date is 2nd October 2020 and my final result out date is 12th November 2020. Is it true?

No. You can't have it both ways. You can already work more than 20 hours in the (usually) four months between the formal end date of your course and the expiry of your visa. You cannot extend this period backwards by handing in your dissertation early. If you finish the course early, your Tier 4 sponsor will need to report the early completion to the Home Office, which will normally trigger curtailment of your visa based on the new end date of the course caused by you deciding to complete early.

See UKCISA's guide to Tier 4 work, specicially "Work with Tier 4 leave when you are no longer studying":
https://www.ukcisa.org.uk/Information-- ... layer-6645

Secondly, my placement company promised me before covid happened that they will sponser me tier 2 visa but now after covid they are not sure. They asked me to research on the Tier 4 to Tier 2 process with the cost and get back to them. They have sponsorship license but haven't sponsored anyone yet. So can anyone help me with the Tier 4 to Tier 2 process along with the overall cost?

There is plenty of information at gov.uk about becoming a sponsor and how it works. For your employer to outsource this to you is very peculiar.

[swapyp]

Thank you for your reply.

As per UKVI Tier 4 students can start the tier 2 application before 3 months of the course end date. So in my case my course end date is October 2020 so i can start the application by this month. But once the application is done can I start working full time from the date I applied? Or I need to wait for my course end date?

There is no clear information on UKVI. Some people say I can start working on a temporary contract basis with the employer until my course ends. Once the course ends employer can give me full-time contract. Is it true?

Some say, If I get my tier 2 visa before my course ends still I am not allowed to go on full time contract until my course ends. Is it true?

[sah10406]

There is no clear information on UKVI. Some people say I can start working on a temporary contract basis with the employer until my course ends. Once the course ends employer can give me full-time contract. Is it true?

Some say, If I get my tier 2 visa before my course ends still I am not allowed to go on full time contract until my course ends. Is it true?

It depends on when you applied for your current Tier 4 leave. It is complicated, so you need to check directly with your employer when you can start work and on what basis.

UKCISA, the UK Council for International Student Affairs summarises the situation clearly in their guide to switching from Tier 4 to Tier 2:

https://www.ukcisa.org.uk/Information-- ... layer-6617

Starting work

The immigration rules say that students who apply after receiving their results, and all students with Tier 4 leave granted on or after 1 October 2019, can start their Tier 2 job as soon as they have applied.

Others may be able to start work on a temporary basis if their employer agrees.

However in both cases it is possible that an employer may prefer that you wait until the outcome of your Tier 2 application before starting work. Check directly with your employer when they expect you to start work, and on what basis.

All students with Tier 4 leave to study a part-time postgraduate course must always wait until their Tier 2 immigration permission has been granted before starting work.

If you really want to research it for yourself, see the versions of paragraphs 245ZW(c)(iii)(7) and 245ZY(c)(iii)(7) of the immigration rules that were in place when you applied, and see paragraph 227 of the Tier 4 policy guidance. But why not just ask your employer.

[swapyp]

What do you mean by 'you applied for your current Tier 4 leave'?
Also, my employer faced business loss because of pandemic and the person who was taking care of visa stuff has made redundant. So at present there is no one who knows anything about visa and cos.
Which is why employer asked me to get in to details and share what all things has to be done with the proofs.

My employer want to me start asap because I am the only who manages marketing for the company.

So if I apply for Tier 2 next month and my employer is willing to take me on board as soon as I apply, I can start working full time on temporary basis until I get my Tier 2 visa right?

Also, what does this mean - 'and all students with Tier 4 leave granted on or after 1 October 2019'?

I can't locate this - the versions of paragraphs 245ZW(c)(iii)(7) and 245ZY(c)(iii)(7) of the immigration rules

But as per 227 of the Tier 4 policy guidance - it says I can not take full time permanent vacancy unless I have made a Tier 2 application supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor before your Tier 4 leave has ended (and before any appeal against that decision has been
determined). So my understanding is I can work fulltime as soon as I apply for Tier 2 visa.

[sah10406]

Which is why employer asked me to get in to details and share what all things has to be done with the proofs.

If you need more detailed or individual guidance, your employer needs to do this. If necessary, they need to get their own advice either direct from the Home Office via the Sponsor Helpdesk or from their own legal advisers, and then inform you about what you can and cannot do.

It is frankly ridiculous for your employer to outsource this work to you, and then for you to outsource it to, in effect, random strangers on the internet.

[swapyp]

Can RQF level 4 can be accepted for switching from Tier 4 to Tier 2?

[CR001]

You need RQF level 6 for tier 2 as far as I understand.

[sah10406]

Can RQF level 4 can be accepted for switching from Tier 4 to Tier 2?

This is definitely a question for your employer. It depends which of the tables on the Codes of Practice they can use when sponsoring you.

[swapyp]

Yes, but I don't want them to use a code which is in RQF 4 and then the visa gets rejected.

[sah10406]

Yes, but I don't want them to use a code which is in RQF 4 and then the visa gets rejected.

That would be a very peculiar thing for them to do. The sponsor is as invested in a successful outcome of the visa application as the applicant is. For some reason you appear to think your proposed employer is detached from the process

[swapyp]

Yeah, they are not at all aware about the process. Anyways thank you so much for your help.

[sah10406]

Yeah, they are not at all aware about the process.

As a Tier 2 sponsor they have very detailed guidance from the Home Office on how to sponsor a worker, plus access to a dedicated helpline for Sponsors. Seems odd if they have a Tier 2 license but no intention to use it.

[swapyp]

I know, it looked strange to me too.
Lets see what they say. If I need any help I will bother you again. Sorry!
Thank you once again.