Urgent advice please!!Changing from DL to Tier 2 general

nehasleo · Post by **nehasleo** » Sun Mar 24, 2013 10:33 pm

Hi I really look forward for some advice and possible options.

In Jan 11 I applied for Tier4 student visa for doing my ACCA course...my application was refused due to some issue with maintenance funds.Ho sent letter saying I have no leave to remain..I appealed under human rights and provided statement from India to support my maintenance ...my appeal was successful in May 11 ..but letter I received said I have DL (Discretionary leave)...Letter said"""" Although you donot qualify for leave to remain in the UK under the imigration rules,it has nontheless been decided that discretion should be excercised in your favour.You have therefore been given limited leave to remain in teh uk in accordance with the principles set out in the HO policy Instruction on Discretionary Leave.""" They than sent passport endorsed with extension to stay till 28th June 2013...

I have been confused on what visa i am on...is it student or dl..what is DL...

So I continued my ACCA with my college...but in Oct 2012 college dissolved...I was down with seriosu spondylosis problem from Dec 12....and didnt come to know of it until last month...in this time I have already given some of my papers as Acca is awarded by other body and not college directly.....I am in stuck situation now....

I have a work permit sponser giving me managerial role and happy to sponser my work permit under Tier 2General...Can anyone please advise me on if i am eligible to switch to Tier 2 from DL...and what is best route or any advice in my situation will be very helpful..what about my Acca??..

my DL leave...visa is till 28th june 2013....

nehasleo · Post by **nehasleo** » Sun Mar 24, 2013 11:34 pm

Hi all...was wondering if someone can share their knowledge on my query please...many thanks in advance...

Post by **manci** » Mon Mar 25, 2013 9:34 am

As you have DL you are allowed to work.

There are no provisions for holders of DL to switch to Tier 2 General in-country, you would have to apply for entry clearance from your home country after having been assigned a restricted CoS for which the sponsor will need to do a RLMT.

You were given DL on humanitarian grounds. If those grounds still prevail you may consider applying for an extension of your DL. If your DL is extended you will not be subject to the Tier 2 rules with regard to skill level, appropriate salary, SOC codes, etc. See the current guidance on extensions of DL (section 11, transitional arrangements):

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Decision makers must consider whether the circumstances prevailing at the time of the original grant of leave continue at the date of the decision. If the circumstances remain the same and the criminality thresholds do not apply, a further period of 3 years Discretionary Leave should be granted.

Those who, before 9 July 2012, have been granted leave under the Discretionary Leave policy in force at the time will continue to be dealt with under that policy through to settlement if they qualify for it (normally after accruing 6 years Discretionary Leave).

nehasleo · Post by **nehasleo** » Mon Mar 25, 2013 11:57 am

Hi many thanks.So do I still have valid leave as my college got dissolved.Originally it wad Tier 4 I applied for to do my ACCA but leave was refused due to not securing enough points on maintenance.....but I appealed on human grounds to allow me complete my ACCA...my appeal was allowed..but what they gave was DL...I have quoted extract from letter they sent me in earlier post.I want to see now tht my college is dissolved and its more thn 60 days since it has been dissolved...does it affect my right to stay....or Does DL leave allow me to sray still ...so if I change to tier 2 as I have sponsor...will it be counted as from DL to tier 2 or tier 4 to tier 2....many thanks

manci wrote:As you have DL you are allowed to work.

There are no provisions for holders of DL to switch to Tier 2 General in-country, you would have to apply for entry clearance from your home country after having been assigned a restricted CoS for which the sponsor will need to do a RLMT.

You were given DL on humanitarian grounds. If those grounds still prevail you may consider applying for an extension of your DL. If your DL is extended you will not be subject to the Tier 2 rules with regard to skill level, appropriate salary, SOC codes, etc. See the current guidance on extensions of DL (section 11, transitional arrangements):

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Decision makers must consider whether the circumstances prevailing at the time of the original grant of leave continue at the date of the decision. If the circumstances remain the same and the criminality thresholds do not apply, a further period of 3 years Discretionary Leave should be granted.

Those who, before 9 July 2012, have been granted leave under the Discretionary Leave policy in force at the time will continue to be dealt with under that policy through to settlement if they qualify for it (normally after accruing 6 years Discretionary Leave).

nehasleo · Post by **nehasleo** » Mon Mar 25, 2013 12:39 pm

Was wondering if there are few.more experts who can help me clarify my query please ....thanks

nehasleo · Post by **nehasleo** » Mon Mar 25, 2013 1:49 pm

Was wondering if there are few.more experts who can help me clarify my query please ....thanks

Post by **manci** » Mon Mar 25, 2013 3:36 pm

Omitting personal data copy the whole text of the UKBA letter granting DL - without it I doubt if anyone can give you further advice.

nehasleo · Post by **nehasleo** » Mon Mar 25, 2013 6:11 pm

Unfortunately letter they sent had this only....I applied for tier4 which was refused due to not scoring enough for maintenance...I than appealed on human grounds n provided extra statement ti allow me complete ACCA...appeal was successful n they sent appeal decision letter...saying appeal allowed n thn after few days rreceived brief letter requesting passport to be sent for endorsement...than letter that camevwith endorsed passport said ...Letter said"""" Although you donot qualify for leave to remain in the UK under the imigration rules,it has nontheless been decided that discretion should be excercised in your favour.You have therefore been given limited leave to remain in teh uk in accordance with the principles set out in the HO policy Instruction on Discretionary Leave."""

I did study thinking it's tier4....but my college got dissolved in Oct 12....I was not made aware of it until recently...during late Nov till Feb I was seriously down with neck problem...so cud not change college....now I don't know what rights I have..I was thinking its tier 4 but it's DL...I hve tier2 sponsor but not sure I can change status or do I have valid status...what shud I do....many thanks

manci wrote:Omitting personal data copy the whole text of the UKBA letter granting DL - without it I doubt if anyone can give you further advice.

nehasleo · Post by **nehasleo** » Mon Mar 25, 2013 6:55 pm

Was wondering if there are few.more experts who can help me clarify my query please ....thanks

Post by **Greenie** » Mon Mar 25, 2013 11:44 pm

Your query has already been answered. You have discretionary leave, not tier 4 leave. You cannot switch into tier 2 from discretionary leave.

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Urgent advice please!!Changing from DL to Tier 2 general

Urgent advice please!!Changing from DL to Tier 2 general