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Switching from Tier 4 to Tier 2 query

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

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gml9890
Newly Registered
Posts: 3
Joined: Fri Nov 20, 2015 8:28 pm

Switching from Tier 4 to Tier 2 query

Post by gml9890 » Fri Nov 20, 2015 8:46 pm

Hello! I have just been offered a full-time position at a company that is a licensed Tier 2 sponsor. Here are the relevant facts:

-I am currently in the UK on a Tier 4 (student) visa
-I just completed my Master's degree, so I can get the relevant documents (e.g., diploma) to apply
-I have the right to work full-time until my visa expires (Jan. 30)
-The company has offered to sponsor me

Now for what troubles me...
-The position is a for a four-month contract. The company fully expects the role to grow into a proper year-to-year job (that is, it's not really for just four months), but they currently have their hands tied administratively and can only call it that for now
-The position pays daily. Pro-rated, however, this well exceeds the minimum salary required for a Tier 2 license

The hiring manager told me she is lobbying heavily for the role to be changed from a four-month contract to something more permanent right away. If she cannot do this before my Tier 4 visa expires, however, can I apply for a Tier 2 with a job offer that would only (technically) hold me over for such a short time?

Any insight is helpful!

srsw
Senior Member
Posts: 866
Joined: Wed Nov 04, 2015 3:31 pm

Re: Switching from Tier 4 to Tier 2 query

Post by srsw » Fri Nov 20, 2015 9:44 pm

Assuming your course end date was 30th Sep and if you have completed your course successfully, then you can take up that contract job not exceeding 4 months duration i.e. until 30th Jan.

As per Tier 4 rules, you can work full-time after completing the course successfully; however, you need to make sure you work within Tier 4 guidelines i.e. the work does not displace full time UK employee, etc.

In the meantime, if HR is able to make that a permanent job and sponsor you, then you can apply for Tier 2 visa. If HR cannot do this before your Tier 4 visa expires, then you need to go back to your home country and apply for Tier 2 visa, which involves RLMT and rCoS...gets a bit complicated.

So best is to take up the contract for now on your Tier 4 visa and get them to sponsor you for Tier 2 (you would qualify for RLMT exemption) before your current visa expires. Hope this helps. Go through the Tier 4 policy guidance for full clarity on the work limits. Cheers.

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