Can I switch ACCA Tier 4 visa to Tier 2

[lucie1121]

Hello everyone:
Can I ask if I can find a company that sponsor me and Can I switch Tier 4(ACCA) visa to Tier 2?
I had master degree of British university before and after that, I applied PSW visa, then transfer to Tier 4 visa again to study ACCA.
Thanks for reply

[Frontier Mole]

If you have a UK university masters degree and had continuous leave in the UK you can move to tier2 without RLMT.
ACCA on its own is not a degree so is of no consequence.

[lucie1121]

Thanks a lot for reply
I got uk degree in 2011, and after I applied for PSW, now I am holding tier 4 visa.
During this period, my Visa is continuous, but it is T4,T1,T4, is that okay?

[Frontier Mole]

That is fine. It does not matter what visa types you held just that from the UK degree award till now you had continuous leave.

[lucie1121]

Thanks of your reply^^

[soma7474]

what happened if someone passed master degree in 2009 and return back to native country and return back to UK after 1 1/2 year.

he still apply for tier 2?

migrant telephone advisor and sponsorship telephone advisor say yes

[Tukadevi]

what happened if someone passed master degree in 2009 and return back to native country and return back to UK after 1 1/2 year.

he still apply for tier 2?

migrant telephone advisor and sponsorship telephone advisor say yes

In this case, you are not eligible because you do not have a continuous leave to remain.

[Frontier Mole]

Applying for tier 2 is allowed regardless of your qualifications or continuous leave. So if you pose the question can I apply for tier 2 the answer will be a yes.
However only those students that meet the UK degree and continuous leave criteria can access tier 2 roles without a RLMT.
So any tier 4 student has the opportunity to take tier 2 employment as in country switching is allowed. It is just the difference between having to be subject to RLMT or not.

[soma7474]

My cousin T4 application is pending in Home Office, one employer short listed him for Tier2.

Shall he withdraw the T4 application and submitted same day Tier 2 application and ask royal mail to deliver application to Home office same day service pay £150

or

Vary the leave ?

Which one is more stronger way, His leave was expired now but application is pending in Home Office

Kindly Comment

[Frontier Mole]

Has your cousin got a COS from his prospective employer?
If he has the cheapest way is to vary his leave.
BUT that can take more time than a new application.
The question is now quickly does he want to start work?

[soma7474]

Yes

He want quick

[Frontier Mole]

The fastest route is withdraw tier4 and submit new tier 2. He will lose his application fee.

[swaqar22]

hi Gurus
Need your advice about switching from tier 4 to tier 2 general

my previous immigration history and qualifications are as follows

Ms Marketing Mgmt (Glasgow Caledonian uni) 2009
Psw 2009 t0 2011
then i went back to Pakistan
back again in 2013 for masters in supply chain mgmt
so far i have completed my PgC and currently working on thesis
my current leave is due to expire on an 15 2015

I am currently working with an A-rated sponsor company 20 hours a week for almost a year
now they are willing to sponsor me for the job of public relation manger
do my employer need to carry RLMT ?
and the job should be related to my previous degree i.e. Msc Marketing Managment?
do i need to apply as a new entrant or experienced entrant ?
and any ccj will effect my application?

[Frontier Mole]

Public relations manager is the second most abused job role after business development manager. So I am guessing the business is either a curry house or a care home.
Do they need to undertake the RLMT - yes as you have not received your second masters degree as yet and you have not had continuous leave since your first uk degree.
You would be classed as a new enterent as you would be switching from tier4.
The role and the previous educational qualifications do not have to match up however the role has to be credible in line with the business. Therefore PR manager would be in general terms in a medium to large organisation not a care home, restaurant or taxi firm...
CCJ does not figure in the application and is of no consequence.

[swaqar22]

Thank You very much for your reply
It is not a curry house it is a company in FMCG sector with around 200 million turnover
could you please tell me what lenght of visa i can apply for and what kind of evidence UKVI accepts for RLMT

Regards
waqar

[swaqar22]

I mean if I need to submit the snapshot of the advertisements or the reference no of job postings
regards
waqar

[Frontier Mole]

You don't submit anything about RLMT your sponsor deals with that when they issue the COS.
If you go for three year visa new enterent salary applies. If 5 year visa then experienced salary applies. It is up to your sponsor to decide length of visa.
FMCG and PR is not going to mix readily. Retail is retail no matter what. You will struggle to meet the NQF6 requirement working at any retail unit. Customer services is not PR.

[swaqar22]

thank you for providing these useful information.
actually my sponsor is a wholesaler which deals with retail shop keepers.do you think SOC code 2472 Account Manager (PR) is not suitable job for visa purpose

another thing i am confused about is salary threshold , you said in previous post that new entrant threshold will be apply on my application as I am switching from tier 4 to tier 2 and according to the code of practice document (April 2014) The new entrant thresholds apply to:
 Graduates switching into Tier 2 (General) under the post-study provisions;
 Graduate recruits where you have used a university “milkround” to satisfy the Resident Labour Market Test;
 Graduates sponsored in the Intra-Company Transfer Graduate Trainee route; and
 Any workers making an initial application who are aged 25 or under on the date they apply.

and i don't fall under any of above category
could you please help me in this regard

[Frontier Mole]

There are two routes to tier 2 in country either with RLMT or without the need for RLMT.
Tier 4 to tier 2 without a RLMT requires that you have gained a uk degree or above in the uk and had a period of continuous leave in the uk since that time asca student or as tier1 psw. Until you gain your masters you cant meet this requirement.
You can apply for any tier 2 role that passes the RLMT regardless. Obviously if any local candidate applies and are even vaguely acceptable that closes the door to you, unless not all the roles are filled.

You fall into tier 4 to tier 2 entrant salary once you get your masters, so long as you dont go for the five year visa.

As for SOC it is not so easy as just picking one that does the job - what will be your actual role, what does it involve and is it truly a NQF6 activity.

[swaqar22]

here you mean to say i fall in new entrant category
?
"You fall into tier 4 to tier 2 entrant salary once you get your masters, so long as you dont go for the five year visa."

My Job role will be to deal with the our groups major customers who have signed agreements with us e.g solving their buying and credit relating problems ,informing them about our new promotions ,sending them promotional brochures,ob serving their buying volume if there are buying according to their minimum buying limit or not etc

[swaqar22]

here you mean to say i fall in new entrant category
?
"You fall into tier 4 to tier 2 entrant salary once you get your masters, so long as you dont go for the five year visa."

My Job role will be to deal with the our groups major customers who have signed agreements with us e.g solving their buying and credit relating problems ,informing them about our new promotions ,sending them promotional brochures,ob serving their buying volume if there are buying according to their minimum buying limit or not etc

[Frontier Mole]

New enterent salary will be ok in your case because your going from tier 4 to tier 2 - so that is a yes.

The SOC is not a bad match to the role but I have doubts if the role meets NQF6 as described. The role is closer to a credit controler / sales manager. You have got to consider that a wholesale managing director role is only NQF3 so it puts into perspective the upper limits of what that business can offer.
As I said the PR role is very abused, so don't expect your visa grant to be plain sailing.

[swaqar22]

in code of practice (April,2014), PR job comes under occupations Skilled to NQF level 6

[swaqar22]

Hi Dear,

after reading the immigration Rules 245HD (d)(iii) I am a bit confused ,It seems I will not be able to switch to tier 2 as i went back to pakistan after my PSW and came back after 2 years for current course can you please help to explain this rule

245HD. Requirements for leave to remain
(b) the applicant must:

(ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as:

(1) a Tier 4 Migrant,


(d) An applicant under the provisions in (b)(ii) above must meet the following requirements
(i) The applicant must have completed and passed:

(1) a UK recognised bachelor's or master's degree (not a qualification of equivalent level which is not a degree),

(2) a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education (not a qualification of equivalent level),
or the applicant must have completed a minimum of 12 months study in the UK towards a UK PhD.
(ii) The applicant must have studied for the course in (d)(i) at a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.


(iii) The applicant must have studied the course referred to in (d)(i) during:

(1) his last grant of leave, or

(2) a period of continuous leave which includes his last grant of leave, (for these purposes continuous leave will not be considered to have been broken if any of the circumstances set out in paragraphs 245AAA(a)(i) to (iii) of these Rules apply.).

[Lilu15]

There are two routes to tier 2 in country either with RLMT or without the need for RLMT.
Tier 4 to tier 2 without a RLMT requires that you have gained a uk degree or above in the uk and had a period of continuous leave in the uk since that time asca student or as tier1 psw. Until you gain your masters you cant meet this requirement.
You can apply for any tier 2 role that passes the RLMT regardless. Obviously if any local candidate applies and are even vaguely acceptable that closes the door to you, unless not all the roles are filled.

You fall into tier 4 to tier 2 entrant salary once you get your masters, so long as you dont go for the five year visa.

As for SOC it is not so easy as just picking one that does the job - what will be your actual role, what does it involve and is it truly a NQF6 activity.

Hi Frontier Mole,

Would you be able to advise me, please?

I am currently on tier 4 visa, have not yet finished my studies. Was offered a sponsorship. Can I switch to Tier 2 from my current visa? I have a UK master degree and have previously been granted PSW. Will I have to leave the country in order to be sponsored and will my employer have to carry out Resident Labour Test, prior to offering me the job? And will the job have to be NQF level 6 and no lower? I have not left the country since coming here and have not violated the immigration rules.

Many thanks for your time
lilu