Tier 1 general holder planning to study- do i switch visa?

[rnvv]

Hi All -

I hold a Tier 1 General visa, valid from Apr 2009 to Apr 2012. I had applied at the time with just with a bachelors degree and haven't moved to the UK yet. I do however intend relocating there eventually. In the mean time, I have received an offer to pursue a one-yr masters degree in the UK, starting in Sept 2010. I would like to know :

1) if I need to switch to a tier 4 student visa to pursue the course? Can I then apply for the PSW at the end of the course in Sept 2011?
2) post the PSW validity, can I apply for the Tier 1 General visa again given that it will be my second time?
3) or should pursue the course on my current tier 1 general visa? Bit concerned that my extension would get affected as i would be studying and having no income until at least Sept 2011... would find it hard to meet the earnings requirements. My tier 1 visa expires in Apr 2012.

Any other suggestions how i should go about in my situation?

Your inputs are much appreciated as always!

[geriatrix]

Reading this should prove useful.

Assuming that one is allowed to study on Tier 1 (General), given that you haven't travelled to UK as yet and your current leave to enter (visa) will expire in April 2012, it is difficult that you'll be able to fulfil the income criteria at the time of extension (unless you get a job as soon as you finish your studies and get paid well to meet the required income threshold to qualify for extension in 5-6 months), you should apply for Tier 4 (student) visa if you want to study.

If Tier 1 (PSW) remains operational and eligibility criteria do not change, then you should be able to apply for Tier 1 (PSW) after you complete your studies. Likewise for Tier 1 (General).

regards

[rnvv]

Thank you for your reply and reference to the relevant post sushdmehta. Just to clarify - provided PSW remains applicable, your suggestion is that i switch to tier 4 (in Sept 2010) and then to PSW after i complete my course (in Sept 2011) and post that apply for a fresh Tier 1 (general) (in Sept 2013 tentatively). Is there any guidance you are aware of re applying for a Tier 1 (General) visa for a second time? And without using it the first time?

This info will be useful to others in similar situations: The Bombay UK high commission wont entertain visa queries in person. All queries are only to be sent through on email to : Bombay.visaenquiries@fco.gov.uk or you can call on 6650 2181 between 1:30pm and 4pm (Mon to Thurs) and 8am to 10am (Fri).

Many thanks !

[vks]

Thank you for your reply and reference to the relevant post sushdmehta. Just to clarify - provided PSW remains applicable, your suggestion is that i switch to tier 4 (in Sept 2010) and then to PSW after i complete my course (in Sept 2011) and post that apply for a fresh Tier 1 (general) (in Sept 2013 tentatively). Is there any guidance you are aware of re applying for a Tier 1 (General) visa for a second time? And without using it the first time?

This info will be useful to others in similar situations: The Bombay UK high commission wont entertain visa queries in person. All queries are only to be sent through on email to : Bombay.visaenquiries@fco.gov.uk or you can call on 6650 2181 between 1:30pm and 4pm (Mon to Thurs) and 8am to 10am (Fri).

Many thanks !

There is no specific guidance that eloborates the situation marked in red. But what Sush mentioned may be right approach!

[rnvv]

Hi All -

As recommended, I am planning on switching to a Tier 4 (Student) visa to pursue my Masters degree, however I came across this on the UKBA site:
http://www.ukba.homeoffice.gov.uk/sitec ... udents.pdf

Q. What Tiers can migrants switch to or from Tier 4?
A. Switching into Tier 4 is only possible from the following categories or their predecessor
routes.
• Tier 1 – Highly Skilled (Post Study Work Only)
• Tier 2 – Skilled Workers
• Tier 2 – Skilled Workers (Intra-Company Transfers)
• Tier 2 – Skilled Workers (Minister of Religion)

AND

Q. What are the most common reasons for a Tier 4 application being refused?
A. The most common reasons are:
• Maintenance requirements not being satisfied
• No CAS submitted with the application
• Incorrect fees
• Original supporting documents not provided or not translated
• There is more than one month between the end of the current grant of leave and the start
of the new course (this applies to in-country applications)
• Where switching into Tier 4 is not allowed from an applicant’s previous immigration route.

I also contacted the High Commission on email and they said :

'You cannot study on your Tier 1 Migrant visa. You should apply afresh for a student visa under the rules of the new point based system.'

I was hoping to apply for the Tier 4 (Student) visa very soon, but am confused now. Any thoughts/suggestions on this?

Thanks very much!

[rnvv]

Hi All -

Any feedback on this? Even under the 'Who can switch into the General student category?' in the Tier 4 guidance notes, the Tier 1 (General) visa isn't mentioned as one of the categories. Has anyone successfully switched from the Tier 1 (General) to a Tier 4 (Student) visa? Would be extremely helpful to get your feedback.

Thanks.

[gd_Shepherd]

Switching from TIer-1 to Tier-4 is not possible. But studying on Tier-1 is possible. There was a thread along these lines

http://www.immigrationboards.com/viewto ... highlight=

Try writing to UKBA and get their opinion.

Please note that you cannot apply for PSW after your study on Tier-1 and depending on your remaining Visa period you might have to file for an extension or go back to the home country work for 12 months or the minimum period to generate the requisite earnings and come back to the UK on a new Tier-1.

Shepherd

[rnvv]

Thanks for your reply Sheperd. I have read that post previously... to be honest I inferred from that and the advice given before on this post that it is best to switch to the Tier 4 Student visa as I will be 'studying' and not working' as the Tier 1 General visa requires.

I got the following reply from the High Commission in Mumbai when I asked the questions I mentioned in my first post:

"Dear Madam

You cannot study on your Tier 1 Migrant visa. You should apply afresh for a student visa under the rules of the new point based system.



I regret I am unable to comment or advise you on any of your queries, but suggest that you make a decision by visiting the web-sites
www.vfs-uk.co.in www.ukvisas.gov.uk www.ukinindia.fco.gov.uk or www.bia.homeoffice.gov.uk, http://www.ukvisas.gov.uk/en/howtoapply/processingtimes

http://www.ukba.homeoffice.gov.uk/study ... -students/



Yours faithfully

Casework Team"

Would that change your advice that I cannot apply for a Tier 4 visa? I am very confused how to go about now.

[gd_Shepherd]

In the thread mentioned in the previous post, I was interested to note the reply from UKBA. Have you tried writing to UKBA directly.

Seniors, what would be your suggestions ? Do the individual HC's write back to UKBA before clarifying a query or is it their interpretation of the rules ?

Shepherd

[nionlight]

Just my 2 cent.. i dont see any reason why you need to switch to tier-4. you can simply enter UK as Tier-1 and finish your study in 1 year and after that work for 1 year and simply extend your tier-1 visa for another 2 years. its just simple as that, given the fact that you will get a job that you will give you enough salary for extension. there is no where in ukba website that restricts studying while in Tier-1. one important thing is for extension of tier-1 visa, only last year salary of your visa is counted. so it really doesnt matter you studied or whatever on the first 2 years... good luck...

[rnvv]

Thanks for your replies. Shepherd - I haven't written to UKBA directly. Perhaps I should try contacting them as well.

Guys just to be clear, I am willing to give up my Tier 1 General visa and get a new Tier 4 Student visa and not 'switch' between the two essentially. I'm not sure if that changes any of the suggestions made. I am nervous of my student visa being rejected as I already possess a Tier 1 (general) visa. Is there way to request them to cancel my previous visa and consider my application for a new student visa?

Thanks.

[nionlight]

Thanks for your replies. Shepherd - I haven't written to UKBA directly. Perhaps I should try contacting them as well.

Guys just to be clear, I am willing to give up my Tier 1 General visa and get a new Tier 4 Student visa and not 'switch' between the two essentially. I'm not sure if that changes any of the suggestions made. I am nervous of my student visa being rejected as I already possess a Tier 1 (general) visa. Is there way to request them to cancel my previous visa and consider my application for a new student visa?

Thanks.

what is reason behind giving up tier-1 general where as you can study and finish your masters without any problem with tier-1 general?

[rnvv]

nionlight - the issue with doing that is that i will find it hard to extend my Tier 1 (General) in apr 2012, having only earned for 6-7 months at best.

are there people who have successfully changed from the tier 1 (general) to tier 4 (student) visa, applying outside the UK - would be great to hear back.

thanks.