Tier 4 to Tier 2 transition -- advice/info needed

[mn1234]

Hi,

A bit of a long post so please bear with me...

TL;DR - I'm currently on a tier 4 student visa, my employer is trying to sponsor me for a tier 2 but is still waiting for sponsorship license approval. Is there anything we can do?

So I'm an American currently on a Tier 4 student visa, expiring Jan 31 2019. I got hired pretty much right after finishing my Master's dissertation in November, and my employer indicated they were interested in sponsoring but wanted to evaluate my performance first. After about a month, they said they were willing to, which is great...but it's all getting down to the wire and we aren't sure what to do. They need to get the sponsorship license first before even applying for the Tier 2 visa itself. We applied for it on Dec 22nd, and our paperwork was delivered on the 24th.

We know it takes about 6-8 weeks to hear a decision back, and so far we haven't heard anything. My employers are pretty stressed (as am I) that they won't hear back until after my visa has expired. They've asked me to look into extensions/other options in the meanwhile. I've read snippets of an extension re: writing a letter of 'good reason.' Is the sponsorship process/waiting for an outcome a good enough reason to ask for an extension? We have all the paperwork/evidence that we've submitted and are just waiting for the Home Office.

Any advice/information would be greatly appreciated!

[srsw]

I'd suggest you try to find another sponsor/job as a backup. Once you leave the country it gets all complicated and you won't be able to switch easily from Tier 4 to Tier 2.

There is no provision for you to get an extension while your employer gets sponsor license, so only option I can think of is to find another sponsor or another course (tier 4).

Other senior members here may have more to add.

[GondalUK]

I was also in similar situation as my last employer had to apply for Tier 2 License before sponsoring me (Tier 2 Change of employment). They applied for Tier 2 License on 2nd November and License was approved on 7th December. So there are chances that License might be ready before your VISA expiry but it might be delayed as well.

I also suggest that you find another Tier 2 sponsor.

To prepare for the worst case, check with some immigration solicitor as you might be able to use FLR (Further Leave to Remain) and then vary it to Tier 2 application once License is approved. This option can be very risky (but I have seen in this forum some member used this option successfully).

[mn1234]

Hi!

Thanks so much for the follow-up info, this is helpful...especially that your employer was able to get the license relatively soon. Honestly, I don't think at this point, I'd find another employer to sponsor me with the expiry date so close, unfortunately (I'm charming/qualified, but not that much haha).

If there is no provision as such, then I'm not sure what to do except sit on my hands and wait. And maybe throw out some Tier 2 licensed-employer applications...

Two follow-up questions, for anyone kind enough to answer:

1. Even if I was somehow eligible for FLR (Further Leave to Remain), which I don't think I am, does that negate the Tier 4 visa incentives then? A large part of why my employer is only enthusiastic to do it is because of the exemption from RLMT etc and they will not consider sponsorship otherwise

2. If the expiry is 31st Jan, do I need to leave exactly by that date, or is there some leeway? (i.e. +2 days etc). Mainly asking because IF the license doesn't come in before expiry, I need to take care of life things such as closing bank accounts, subletting my flat etc so I'm just trying to gauge what my timeline should be.

[srsw]

Check with your University's career hub team to help you find a job.
Check Indeed or LinkedIn or relevant sites for jobs that match from potential Tier 2 employers.

I know there is a grace period (7 days or 14 or something similar), that you can overstay (but you need to have good reason I guess.. check visa guidance to be sure).

Subletting your flat? Is it allowed in case you are a tenant (maybe OK if you are the owner)? Check your agreement as it's not allowed in most cases.

Ask your potential employer to follow up with UKVI to get update on the license timeline. If it's not going to happen prior to your visa expiry then you may as well plan for your departure in case you can't find a different sponsor.

[mn1234]

Thanks so much for the follow-up! A bit disheartened by the thought of starting the job hunt again, but I also don't want to move AGAIN so it's a catch-22. I definitely appreciate the advice -- especially re: grace period as that will really help get everything in order. I'm mentally prepared to leave (kind of) but it's just annoying to be SO close to staying I guess. I'll look at the visa guidelines to get a better understanding of the grace period though.

Also, yeah the agency that manages my flat is well-aware of my visa issues. My contract is meant to end in Feb anyway, so I'll just need to find someone to fill the slot for the month. If I could get the grace period of 7-14 days, that would be ideal since I wouldn't necessarily need to find someone to take the room then.

If anyone else has advice/insight/a good resource I can look into, that would be appreciated. Thanks again!

[sethipriyanka839]

Hello everyone.

Even I am facing a problem with my application.

I am currently on a Tier 4 student visa. I graduated recently in January 2019 (recently) and I have received a job offer, too.

However, I have absolutely no idea about the CURRENT Visa application process (UKVCAS introduction, etc.), and the documents required for making the switch.

Could someone help me with the detailed process as well as provide me with the link to make an online application for switching from Tier 4 to Tier 2 general (I am from India, but I am applying from within the UK).

[Shollaycool]

Thanks so much for the follow-up! A bit disheartened by the thought of starting the job hunt again, but I also don't want to move AGAIN so it's a catch-22. I definitely appreciate the advice -- especially re: grace period as that will really help get everything in order. I'm mentally prepared to leave (kind of) but it's just annoying to be SO close to staying I guess. I'll look at the visa guidelines to get a better understanding of the grace period though.

Also, yeah the agency that manages my flat is well-aware of my visa issues. My contract is meant to end in Feb anyway, so I'll just need to find someone to fill the slot for the month. If I could get the grace period of 7-14 days, that would be ideal since I wouldn't necessarily need to find someone to take the room then.

If anyone else has advice/insight/a good resource I can look into, that would be appreciated. Thanks again!

Hi there,

Your situation is a tight one but you should calm down really. There is so much I would love to say and advice about this. I also came to the UK for my master's degree. I have applied for my Tier 2 visa already and it's with the Home office. And I am working for my employer already.

In your case, there are two options, the licence can come out successful before your visa expires but ur employer will have to assign your COS immediately and you apply for Tier 2 visa before ur current leave expires and you can continue to work for them. The second option is that you, with a professional help and support from your employer write a letter to the Secretary of State for Home office asking for a discretionary leave to extend your stay base on this circumstance and you'll attach evidence as proof.

We can talk more if you want, email me on email address removed by moderator

[Shollaycool]

Hello everyone.

Even I am facing a problem with my application.

I am currently on a Tier 4 student visa. I graduated recently in January 2019 (recently) and I have received a job offer, too.

However, I have absolutely no idea about the CURRENT Visa application process (UKVCAS introduction, etc.), and the documents required for making the switch.

Could someone help me with the detailed process as well as provide me with the link to make an online application for switching from Tier 4 to Tier 2 general (I am from India, but I am applying from within the UK).

Has your employer agreed to sponsor you and given you your Certificate of sponsorship? And when is the expiry date of your Tier 4 visa

[sethipriyanka839]

Hello everyone.

Even I am facing a problem with my application.

I am currently on a Tier 4 student visa. I graduated recently in January 2019 (recently) and I have received a job offer, too.

However, I have absolutely no idea about the CURRENT Visa application process (UKVCAS introduction, etc.), and the documents required for making the switch.

Could someone help me with the detailed process as well as provide me with the link to make an online application for switching from Tier 4 to Tier 2 general (I am from India, but I am applying from within the UK).

Has your employer agreed to sponsor you and given you your Certificate of sponsorship? And when is the expiry date of your Tier 4 visa

Hello Mr. Sholaycool,
Yes. My employer is a valid Tier 2 sponsor and has assigned me a CoS and have given me its details and said that this will be required for the visa application. However, since it is a small company, they do not have their own legal department for handling tier 2 applications and so I have to manage it myself. For the list of documents, they told me that 50 points you will get for the CoS and 10 points for proving english language and 10 points for maintenance funds. That is it. Rest, I absolutely know nothing.

i do not know where to fill application form, and that too which one and which documents to produce. If you know of some sample form or something, then that would be of great help as well as a checklist of documents.

My visa expiry date is not too far away, I just have two weeks before it expires (Jan 2019).

[GondalUK]

Hi ,

See my comment below regarding your questions:

>> 1. Even if I was somehow eligible for FLR (Further Leave to Remain), which I don't think I am, does that negate the Tier 4 visa incentives then? A large part of why my employer is only enthusiastic to do it is because of the exemption from RLMT etc and they will not consider sponsorship otherwise

You might explain that you have offer from employer and just waiting for licese approval, by using this reason you might be able to use FLP, but again this is risky and check with immigration solicitor.


>> 2. If the expiry is 31st Jan, do I need to leave exactly by that date, or is there some leeway? (i.e. +2 days etc). Mainly asking because IF the license doesn't come in before expiry, I need to take care of life things such as closing bank accounts, subletting my flat etc so I'm just trying to gauge what my timeline should be.

There is grace period for 14 days but those come under overstay, they will ask why you was not able to send in time application. This is allowed in exceptional cases like health problem, accident etc. Also this grace period is to use once VISA application is refused to apply for fresh 2nd application. So this option is risky as well.

>> I'd find another employer to sponsor me with the expiry date so close, unfortunately (I'm charming/qualified, but not that much haha).

That is the only 100% safe option for you, as some time UKVI delays decisions on sponsopship license for months if additional document/checks are required. Others ways that you might try are risky.

[Shollaycool]

[quote=sethipriyanka839 post_id=1727217 time=1547154456 user_

Hello Mr. Sholaycool,
Yes. My employer is a valid Tier 2 sponsor and has assigned me a CoS and have given me its details and said that this will be required for the visa application. However, since it is a small company, they do not have their own legal department for handling tier 2 applications and so I have to manage it myself. For the list of documents, they told me that 50 points you will get for the CoS and 10 points for proving english language and 10 points for maintenance funds. That is it. Rest, I absolutely know nothing.

i do not know where to fill application form, and that too which one and which documents to produce. If you know of some sample form or something, then that would be of great help as well as a checklist of documents.

My visa expiry date is not too far away, I just have two weeks before it expires (Jan 2019).

It's not hard to apply actually. I did everything by myself too. My employer only gave me the certificate of sponsorship. I am happy to help you with your application. You can just send me a mail on xxxxxxxxx. By the way, did your employer certify maintenance fund for you on your COS? Cheers!

[CR001]

[quote=sethipriyanka839 post_id=1727217 time=1547154456 user_

Hello Mr. Sholaycool,
Yes. My employer is a valid Tier 2 sponsor and has assigned me a CoS and have given me its details and said that this will be required for the visa application. However, since it is a small company, they do not have their own legal department for handling tier 2 applications and so I have to manage it myself. For the list of documents, they told me that 50 points you will get for the CoS and 10 points for proving english language and 10 points for maintenance funds. That is it. Rest, I absolutely know nothing.

i do not know where to fill application form, and that too which one and which documents to produce. If you know of some sample form or something, then that would be of great help as well as a checklist of documents.

My visa expiry date is not too far away, I just have two weeks before it expires (Jan 2019).

It's not hard to apply actually. I did everything by myself too. My employer only gave me the certificate of sponsorship. I am happy to help you with your application. You can just send me a mail on xxxxxxxxx. By the way, did your employer certify maintenance fund for you on your COS? Cheers!

At user "shollaycool", please desist from posting your personal contact information on the forum. This is NOT permitted. Post advice in public for all to benefit and so that incorrect advice can be corrected.

If you persist in posting your contact details, your access to the forum will be terminated!!

[Shollaycool]

[quote=sethipriyanka839 post_id=1727217 time=1547154456 user_

Hello Mr. Sholaycool,
Yes. My employer is a valid Tier 2 sponsor and has assigned me a CoS and have given me its details and said that this will be required for the visa application. However, since it is a small company, they do not have their own legal department for handling tier 2 applications and so I have to manage it myself. For the list of documents, they told me that 50 points you will get for the CoS and 10 points for proving english language and 10 points for maintenance funds. That is it. Rest, I absolutely know nothing.

i do not know where to fill application form, and that too which one and which documents to produce. If you know of some sample form or something, then that would be of great help as well as a checklist of documents.

My visa expiry date is not too far away, I just have two weeks before it expires (Jan 2019).

It's not hard to apply actually. I did everything by myself too. My employer only gave me the certificate of sponsorship. I am happy to help you with your application. You can just send me a mail on xxxxxxxxx. By the way, did your employer certify maintenance fund for you on your COS? Cheers!

At user "shollaycool", please desist from posting your personal contact information on the forum. This is NOT permitted. Post advice in public for all to benefit and so that incorrect advice can be corrected.

If you persist in posting your contact details, your access to the forum will be terminated!!

I am sorry about that and I sincerely apologize. Thanks

[sethipriyanka839]

Yes, Mr. Shollaycool, i agree with the admin's decision. Can you please post in public on this forum. I am sure there will be many people who would be benefited from this as there is no information available anywhere regarding the process. If possible, can you post it soon please, as I need to put in my application as my visa is nearing expiry.

Thank you.

It's not hard to apply actually. I did everything by myself too. My employer only gave me the certificate of sponsorship. I am happy to help you with your application. You can just send me a mail on xxxxxxxxx. By the way, did your employer certify maintenance fund for you on your COS? Cheers!

At user "shollaycool", please desist from posting your personal contact information on the forum. This is NOT permitted. Post advice in public for all to benefit and so that incorrect advice can be corrected.

If you persist in posting your contact details, your access to the forum will be terminated!!

I am sorry about that and I sincerely apologize. Thanks

[mn1234]

Hi ,

See my comment below regarding your questions:

>> 1. Even if I was somehow eligible for FLR (Further Leave to Remain), which I don't think I am, does that negate the Tier 4 visa incentives then? A large part of why my employer is only enthusiastic to do it is because of the exemption from RLMT etc and they will not consider sponsorship otherwise

You might explain that you have offer from employer and just waiting for licese approval, by using this reason you might be able to use FLP, but again this is risky and check with immigration solicitor.


>> 2. If the expiry is 31st Jan, do I need to leave exactly by that date, or is there some leeway? (i.e. +2 days etc). Mainly asking because IF the license doesn't come in before expiry, I need to take care of life things such as closing bank accounts, subletting my flat etc so I'm just trying to gauge what my timeline should be.

There is grace period for 14 days but those come under overstay, they will ask why you was not able to send in time application. This is allowed in exceptional cases like health problem, accident etc. Also this grace period is to use once VISA application is refused to apply for fresh 2nd application. So this option is risky as well.

>> I'd find another employer to sponsor me with the expiry date so close, unfortunately (I'm charming/qualified, but not that much haha).

That is the only 100% safe option for you, as some time UKVI delays decisions on sponsopship license for months if additional document/checks are required. Others ways that you might try are risky.

This is really really helpful, thank you! I might look into the FLP option as that seems to be the reasonable one. I know overstaying is risky, and I don't think this would count as a good enough reason? My worry is that applying during the overstay period (if it did somehow come in by then) would count against me in the visa application itself.

I'll look for other employers, I suppose and see that route but I doubt I'll get much traction as it's so close to the wire (and interview processes around here take forever!)

thanks so much for the advice again! If anyone else has experience and can chime in, it's very very welcome. It's very stressful being in this position, and I have a lot of anxiety of being one foot in, one foot out constantly. Just frustrated by the sponsorship timeline

[GondalUK]

>> I might look into the FLP option as that seems to be the reasonable one.

FLR (Further Leave to Remain) is very risky option and I highly recommend to only try this option in worst case, and take advice from immigration solicitor before that. As according to my understanding, you might be able to get few days and then vary your FLR application to Tier 2 application when company sponsorship licence is approved. SO it's only helpful if you want to buy about 1-2 weeks time.

>> It's very stressful being in this position, and I have a lot of anxiety of being one foot in, one foot out constantly. Just frustrated by the sponsorship timeline

I understand your situation as I faced a very similar situation in last few months. I wish you a best of luck.

[mn1234]

Thank you for the advice -- it's definitely a last-ditch scenario. We're thinking of emailing the licensing unit (again) today with proof of my visa expiry date to plead/beg and ask if there is any possible way to get even an idea of when we can expect a decision to come through.

I came across this thread (uk-tier-2-employer-sponsored-visas/tier ... 12044.html) where someone was able to submit the T2(G) application w/o COS and license number, but attach a cover letter explaining the situation, and evidence of submission. However, this seems to be from 2012 and I think the application has greatly changed since then, as I cannot even move past the license number section.

In any case, I don't think I have other options left. I called UKVI 4 times today and was given a variety of different advice, none of it relevant. The fourth time, I was redirected to Entry Clearance, who charged me £7 for call (despite being located in the UK -- I thought that was just for foreign calls?) and told me that they "didn't know" about student visas. A tad frustrated, so I guess it's just a wait and see game.

[CR001]

That thread is from 2012 when it was paper based applications. Rules and requirements change. As all applications are online now, you will be unable to proceed without inputting a CoS.

[mn1234]

Yeah that was my assumption when I saw the date of the thread. My student visa application allowed me to jump around different sections, even though I wasn't allowed to submit until it was completed, but this one seems to be quite rigid. So nothing else I can do except wait, wait and wait!

[mn1234]

Just an update for anyone who is still interested -- we emailed the licensing dept, asking if we could either expedite/or be given advice on what to do since my visa is expiring (attached the BRP for proof) and this is the response we were given:

For the licensing unit to consider expediting the licence application you will need to provide a strong case as to why your business would be negatively effected if the licence is not granted prior to the expiry of the migrants visa. Please note the fact the visa is expiring is not reason enough for the application to be expedited.

Has anyone been in a similar situation? What would be the best/most compelling evidence we could include in our response?

Thanks in advance!

[CR001]

They have stated very clearly that your visa expiring is not considered reason enough to expedite. Sponsorship licence process is to do with the business and their needs, not your visa expiry date.

[mn1234]

Thank you! I do understand that my role is inconsequential right now. I should've been more clear, my question was rooted more in trying to understand what kind of evidence can the business/employer provide that would be effective/compelling in demonstrating a negative effect were I to leave. If anyone else has had a similar experience, it would be really helpful to hear!

Thank you again!