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Tier 2 General to Tier 4 Query

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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AKANTONY
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Tier 2 General to Tier 4 Query

Post by AKANTONY » Fri Jan 03, 2020 9:20 am

Hi,
I currently live in the UK with my wife and child. I am on Tier 2 General and others as my dependants. Could you let me know if I eligible to change my visa status from Tier to Tier within the UK and change the status of my depends within without leaving the country?

Kind Regards
Arun

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CR001
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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Fri Jan 03, 2020 9:29 am

Char (CR001 not Casa)
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sah10406
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Re: Tier 2 General to Tier 4 Query

Post by sah10406 » Fri Jan 03, 2020 10:08 am

You already asked this same question a few months ago, and people answered:

general-uk-immigration-forum/is-it-poss ... l#p1813126
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

AKANTONY
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Fri Jan 03, 2020 1:28 pm

Hi ,
Could my wife continue to work with the same employer when I switch from Tier 2 to Tier 4?

AKANTONY
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Fri Jan 03, 2020 1:30 pm

sah10406 wrote:
Fri Jan 03, 2020 10:08 am
You already asked this same question a few months ago, and people answered:

general-uk-immigration-forum/is-it-poss ... l#p1813126
I am sorry for duplicating the query, last time I was informed dependant will have to make the application from the native place so will have to exit the country first.

AKANTONY
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Fri Jan 03, 2020 4:48 pm


Hi CR001 ,
Could my wife continue to work with the same employer when I switch from Tier 2 to Tier 4?

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CR001
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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Fri Jan 03, 2020 5:09 pm

If she holds a dependent visa, her employment is irrelevant.
Char (CR001 not Casa)
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AKANTONY
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Fri Jan 03, 2020 5:16 pm

CR001 wrote:
Fri Jan 03, 2020 5:09 pm
If she holds a dependent visa, her employment is irrelevant.
I meant, if I switch from Tier 2 to Tier 4 and change her dependant status from current Tier 2 dependant to Tier 4 dependant will she be ok to work under the same employer ?

sah10406
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Re: Tier 2 General to Tier 4 Query

Post by sah10406 » Fri Jan 03, 2020 5:25 pm

All PBS dependant partners have the same work conditions, regardless of the main migrant's specific Tier. See the guidance for applicants:

https://www.gov.uk/government/publicati ... m-migrants
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

AKANTONY
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Posts: 114
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India

Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Fri Jan 03, 2020 5:42 pm

sah10406 wrote:
Fri Jan 03, 2020 5:25 pm
All PBS dependant partners have the same work conditions, regardless of the main migrant's specific Tier. See the guidance for applicants:

https://www.gov.uk/government/publicati ... m-migrants
Thank you for your kind reply

Kind Regards
Arun

AKANTONY
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Posts: 114
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Sun Jan 05, 2020 3:07 pm

AKANTONY wrote:
Fri Jan 03, 2020 5:42 pm
sah10406 wrote:
Fri Jan 03, 2020 5:25 pm
All PBS dependant partners have the same work conditions, regardless of the main migrant's specific Tier. See the guidance for applicants:

https://www.gov.uk/government/publicati ... m-migrants
Thank you for your kind reply

Kind Regards
Arun
Hi,
If I enrol in a university for my studies under Tier 4, could you let me know if I will be able to do below things please
* Could I apply for ILR in February 2021 as by then I will complete 10 years?
* My wife will complete her 5 year in May 2021? will she be eligible to apply for ILR in May 2021 based on my long residence 10 year route application?
* Does she needs to change her visa status in February 2021 if I am applying for ILR as she will already be on as Tier 4 dependant and it's visa will be expiring in September 2021 based on the course?
* What should I be doing for my daughter born in UK in 2017 with Indian Citizenship?
Could someone kindly throw light on my above query please so I could come to a conclusion.
Kind Regards
Arun
Arun

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CR001
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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Sun Jan 05, 2020 3:15 pm

* Could I apply for ILR in February 2021 as by then I will complete 10 years?
Yes, if you meet all the requirements. Note it counts from your initial date of entry to the UK and not initial visa issue date.
* My wife will complete her 5 year in May 2021? will she be eligible to apply for ILR in May 2021 based on my long residence 10 year route application?
No she can't. She will have to switch to FLR M spouse visa and meet the English and £18,600pa income requirements.
* Does she needs to change her visa status in February 2021 if I am applying for ILR as she will already be on as Tier 4 dependant and it's visa will be expiring in September 2021 based on the course?
Yes she has to change to FLR M spouse visa, which will reset her 5 years ilr clock.
* What should I be doing for my daughter born in UK in 2017 with Indian Citizenship?
Once you have ilr she can apply to register as British on form MN1. She will lose her Indian citizenship from the date she becomes British.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AKANTONY
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Sun Jan 05, 2020 3:55 pm

CR001 wrote:
Sun Jan 05, 2020 3:15 pm
* My wife will complete her 5 year in May 2021? will she be eligible to apply for ILR in May 2021 based on my long residence 10 year route application?
No she can't. She will have to switch to FLR M spouse visa and meet the English and £18,600pa income requirements.
Hi CR001,
My wife is currently working as Software Developer and receives income over 25k. Does she need to do IELTS or her degree certicates from India taught in English will let her exempt from it?

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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Sun Jan 05, 2020 3:57 pm

She needs to meet the English requirement either A1 test or she will need UK naric English and comparable assessment if using a foreign degree. The test and naric cost the same.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AKANTONY
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Posts: 114
Joined: Wed Jun 14, 2017 4:34 pm
India

Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Sun Jan 05, 2020 4:02 pm

CR001 wrote:
Sun Jan 05, 2020 3:57 pm
She needs to meet the English requirement either A1 test or she will need UK naric English and comparable assessment if using a foreign degree. The test and naric cost the same.
Hi CR001,
Does she needs to make FLR M application at the same time when I apply for ILR ?

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CR001
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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Sun Jan 05, 2020 4:05 pm

She can apply after you get ilr, if you are successful as long as she has a valid visa at that point.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AKANTONY
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Posts: 114
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India

Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Sun Jan 05, 2020 4:10 pm

CR001 wrote:
Sun Jan 05, 2020 4:05 pm
She can apply after you get ilr, if you are successful as long as she has a valid visa at that point.
Thank you very much CR001 . Hope to see everything going ok.

Kind Regards
Arun

AKANTONY
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Posts: 114
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Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Sun Jan 05, 2020 4:33 pm

CR001 wrote:
Sun Jan 05, 2020 4:05 pm
She can apply after you get ilr, if you are successful as long as she has a valid visa at that point.
CR001 wrote:
Sun Jan 05, 2020 4:05 pm
She can apply after you get ilr, if you are successful as long as she has a valid visa at that point.
Hi CR001,
When I switch from Tier 2 to Tier 4 within UK. Do I need to maintain bank balance for 3 months for myself and dependants?

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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Sun Jan 05, 2020 4:38 pm

I suggest read the guidance that is linked within the link already provided, but yes, you have to prove funds to support yourselves and pay for your course.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

AKANTONY
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India

Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Sun Jan 05, 2020 4:49 pm

CR001 wrote:
Sun Jan 05, 2020 4:38 pm
I suggest read the guidance that is linked within the link already provided, but yes, you have to prove funds to support yourselves and pay for your course.

Hi,
Thank you CR001, Could I use my wife's job offer letter as proof to pay for the course?

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Re: Tier 2 General to Tier 4 Query

Post by CR001 » Sun Jan 05, 2020 4:54 pm

No, you need evidence of bank funds, clearly explained in the guidance notes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sah10406
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Re: Tier 2 General to Tier 4 Query

Post by sah10406 » Mon Jan 06, 2020 8:49 am

AKANTONY wrote:
Sun Jan 05, 2020 4:49 pm
Could I use my wife's job offer letter as proof to pay for the course?
The PBS Dependants application guidance explains in detail what proof of maintenance can be used. See the link in my previous reply, Fri Jan 03, 2020 5:25 pm.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

AKANTONY
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Posts: 114
Joined: Wed Jun 14, 2017 4:34 pm
India

Re: Tier 2 General to Tier 4 Query

Post by AKANTONY » Tue Jan 07, 2020 10:58 am

sah10406 wrote:
Mon Jan 06, 2020 8:49 am
AKANTONY wrote:
Sun Jan 05, 2020 4:49 pm
Could I use my wife's job offer letter as proof to pay for the course?
The PBS Dependants application guidance explains in detail what proof of maintenance can be used. See the link in my previous reply, Fri Jan 03, 2020 5:25 pm.
Thank you


Kind Regards
Arun

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