Continuous Residence on Tier 2 after Tier 4

[Omar5]

Hi,

I have a current job offer with a company which is willing to sponsor for a role and are taking the advantage of the fact that I do not require a RMLT as I am recent UK university graduate. I wanted to ask if I chose to switch jobs after a year will I require the RMLT or will it count as continuous residence so I can still be exempt from it?

[CR001]

I wanted to ask if I chose to switch jobs after a year will I require the RMLT

Yes.

or will it count as continuous residence so I can still be exempt from it?

No. The exemption only applies if switching from tier 4 to tier 2 and if the job is a shortage occupation level one. If you switch employers a year in on tier 2, RLMT is mandatory.

[Omar5]

Hi CR001,

Thank you very much for clarifying, and I really appreciate your response.

I have another query if you don't mind answering.

I was planning on completing ACCA while on the job, but I do have an offer from a university to study full time. If I take up the course, although it is not a bachelors or masters degree, will it count as continuous residence on the Tier 4 visa?

Just to make it clear of the level of education I have done, I have completed Masters from the UK.

From my understanding was it not the case that if the job level is above RQF level 6 it can be counted towards the exemption?

[CR001]

From my understanding was it not the case that if the job level is above RQF level 6 it can be counted towards the exemption?

ALL tier 2 jobs must be at RQF Level 6 or above. And now, just being offered a job at that level does NOT exempt if it is a non shortage occupation.

You keep mentioning 'continuous residence'. Unclear why you are highlighting this point repetitively.

[Omar5]

Hi,

Sorry for being a bit unclear about the point I was getting across.

The job I am offered is of a Financial Adviser which is an RQF level 6 occupation. I do not want to work long term for this firm as I wish to explore other opportunities in bigger firms. I plan to complete my ACCA to add to my professional qualifications.

That being said I have read on the Immigration Rules 6A: https://www.gov.uk/guidance/immigration ... sed-system

Tier 2 General: Section 245HD. Requirements for leave to remain:

"(iii) The applicant must have studied, or be studying, the course referred to in (d)(i) during:
(1) their last grant of leave, or
(2) a period of continuous leave which includes their last grant of leave,"

This is the point of continuous residence (wrong choice of words I believe) or leave I am questioning.

I hope this clears my query.

Thank you for your input.

[CR001]

It is likely a reference to those that can study on other visas and the change to tier 4 during the course of their studies, ie not leaving the UK to apply for a tier 4 (continuous leave). For example, a PBS Dependent can study and can also switch within the UK to tier 4.k The whole paragraph bit in brackets explains an example.

The below is relevant to you.

(d) An applicant under the provisions in (b)(ii) above must meet the following requirements:
(i) The applicant must:
(1) have completed, or be applying no more than 3 months before the expected completion date for, a course leading to a UK recognised bachelor’s or master’s degree (not a qualification of equivalent level which is not a degree),
(2) have completed, or be applying no more than 3 months before the expected completion date for a course leading to a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education (not a qualification of equivalent level), or
(3) have completed a minimum of 12 months study in the UK towards a UK PhD.