Incountry application after 23rd December 2010 (urgent help)

[capricornianz]

Hi

I applied for Tier 4 (student visa) in Jan 2011 and came to UK in Feb 2011.

I have now found out about Tier 1 closing and also am eligible on the point based system.

Is it possible for me to apply still from UK after 23rd December 2010?

Can someone please explain what this statement mean:

From 23 December 2010 Tier 1 (General) is closed to overseas applicants.
Applications from people who are not already in the UK with leave in a category that permits
switching into Tier 1 (General) will no longer be accepted.



Need this info urgently as I then need to prepare the case within next 2 weeks

Thanks in advance

[vinny]

You may still switch until 5 April 2011 (if you have sufficient points).

[jason23]

If you have come here to study please note that if your Tier 1 is approved, your student visa will be cancelled and you will not be able to study the course you had come for.
Your Tier 1 application will also be reviewed as it would appear you applied for a student visa simply to enter the UK and switch into Tier 1.

[capricornianz]

two comments:

1- According to the highlighted red text in my initial post, can someone confirm if the word "already" is time based, i.e. to be read as "already by 23rd December"

2- There is nothing in the law that says there must be a time limit you have to stay in UK before switching to Tier 1. For example, there is a condition in earning "UK Experience", i.e. the person should have worked for a min of 9 months in UK. If UKBA wanted to, they could had put a restriction, i.e. people coming to UK after 23rd Dec cannot switch even if they were eligible before.

So can someone please help me understand the highlighted red text in my first post to ensure that I am eligible legally or not to apply (irrespective of the outcome)

[capricornianz]

If you have come here to study please note that if your Tier 1 is approved, your student visa will be cancelled and you will not be able to study the course you had come for.

One can study if he/she wishes to on Tier 1 as there is no such restriction. In fact, alot of my friends with Tier1 had studied for a higher degree once in UK

[geriatrix]

See also "Switch" into Tier 1 from inside the UK

[Greenie]

two comments:

1- According to the highlighted red text in my initial post, can someone confirm if the word "already" is time based, i.e. to be read as "already by 23rd December"

2- There is nothing in the law that says there must be a time limit you have to stay in UK before switching to Tier 1. For example, there is a condition in earning "UK Experience", i.e. the person should have worked for a min of 9 months in UK. If UKBA wanted to, they could had put a restriction, i.e. people coming to UK after 23rd Dec cannot switch even if they were eligible before.

So can someone please help me understand the highlighted red text in my first post to ensure that I am eligible legally or not to apply (irrespective of the outcome)

Yes you can apply as long as you are in an eligible category which you are.

However please note that you risk refusal on the basis that you only recently declared your intention to enter the UK as a student:


322(7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;

[jason23]

If you have come here to study please note that if your Tier 1 is approved, your student visa will be cancelled and you will not be able to study the course you had come for.

One can study if he/she wishes to on Tier 1 as there is no such restriction. In fact, alot of my friends with Tier1 had studied for a higher degree once in UK

Just because they have done it doesn't make it right. Tier 1G is a visa granted to work not to to study.
You can apply for you're Tier 1 G when you get here but there is a risk associated with it and only you can judge whether it is worth taking.

[goldfish]

Just because they have done it doesn't make it right. Tier 1G is a visa granted to work not to to study.
You can apply for you're Tier 1 G when you get here but there is a risk associated with it and only you can judge whether it is worth taking.

Tier 1 G gives you the right to live in the UK and the right (not the obligation) to work here as well. If you want to study, or not work, that is completely legal provided you can support yourself. Tier 1 G isn't a Work Permit / ICT which is given on the condition that you are working or a study visa which is given on the condition that you are studying.

[jason23]

Just because they have done it doesn't make it right. Tier 1G is a visa granted to work not to to study.
You can apply for you're Tier 1 G when you get here but there is a risk associated with it and only you can judge whether it is worth taking.

Tier 1 G gives you the right to live in the UK and the right (not the obligation) to work here as well. If you want to study, or not work, that is completely legal provided you can support yourself. Tier 1 G isn't a Work Permit / ICT which is given on the condition that you are working or a study visa which is given on the condition that you are studying.

This is interpreting rules to suit convenience... the UKBA website does NOT say right to live in the UK, it is a visa that allows highly skilled people to look for work or find opportunities for self employment. IMHO, that does not cover studying.

[capricornianz]

Can someone explain the risk associated?

Is it that my T1G application will be refused? or will my T4 visa also be revoked?

[Celtic]

In my opinion, you have nothing to fear. If law permits you to switch, then yes you can. You are not breaking law unlike couple of million illegal immigrants..

At the end of the day, tier 1 is pbs category and case worker has no discretion whatsoever. If you have enough points, you will get approved.

And your tier 4 will be revoked but you can still study on tier 1.