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Yes, you can switch indeed. But keep in mind that you need to claim income for maximum of 12 months in the last 15 months of the date of your application.ricky37d wrote:Hi
Is it ok to switch from Tier 4 (student visa) to Tier 1 (General, not PSW) before the completion of my degree?..
I have enough points on my previous earnings.
I Guess we can apply within 12 months of studies
Thanks
Ricky
AIUI, by applying for entry clearance as Tier 4 (General) migrant, you are making an oral (if not written) declaration that the purpose of your stay in the UK (for which you are applying for entry clearance) is to study in the UK.322 wrote:Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused
.. (3) failure to comply with any conditions attached to the grant of leave to enter or remain;
.. (7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;
I belive what you say, if that is the case then UKBA should never allow Tier 4 holder to switch to Tier 1 General.sushdmehta wrote:AIUI, by applying for entry clearance as Tier 4 (General) migrant, you are making an oral (if not written) declaration that the purpose of your stay in the UK (for which you are applying for entry clearance) is to study in the UK.322 wrote:Grounds on which leave to remain and variation of leave to enter or remain in the United Kingdom should normally be refused
.. (3) failure to comply with any conditions attached to the grant of leave to enter or remain;
.. (7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;
You are the best person to judge whether the risk is worth taking, no matter how small it may be.
IMHO .....
regards
Nothing will happen to the applicant. He is not breaking any law or rule or using deception. Its explicittly written in Tier 1 Guidance that Tier 4 holder can switch to Tier 1 Genearl. Even if UKBA does find out that applicant just came into the country on Tier 4, they still can not refuse the application. If they do so then tehy are themselves not following the Tier 1 General guidance and this can easily be challenged in the court.mulderpf wrote:Agreed, but don't you think the home office will find it a bit strange that someone applied for a Tier 4 visa (and from what I can see it's for a degree), paid for the degree, went to the UK and before doing much studying already switch to Tier 1.
Tier 4 allows you to study full-time, Tier 1 allows you to work full-time. If you switch after paying for a course you intend on doing full-time, are you going to work or study? By paying for a course upfront, you are showing that you intend on studying full-time, but with Tier 1 you are meant to be working in a professional capacity (a job which won't allow you to also study full-time).
This is all just opinion, and based on my interpretation. You might be lucky or not. The rules allow you to switch, but your actions won't match up with what you say your intentions are.
I agree with the suspicion part. But can they deny visa because of it? I thought its all about the points and the documents you submit. If they feel that the documents are fake then they can refuse. I am not sure if they have the right to refuse just because they think that the applicant is misusing the rules/law. Correct me if I am wrongmulderpf wrote:No Rizwan, there's a big difference in getting a Tier 4 with the sole intention of switching to Tier 1 because there's no other route in and getting a Tier 4 with the intention to study after which the applicant decides to switch.
....
I agree with false documents. But is it anywhere mentioned that you should not switch to Tier 1 just after you have got Tier 4?mulderpf wrote:You definitely can be refused. While it's fine to say that if you get the points you get in, many people are refused because of false representations, even if they get the points with the false representation (albeit mostly in the form of false documents).
In this case the false representation would be the non-disclosure of material facts. Obviously this up to interpretation, but if they wish to refuse you for this, it's very possible.
There's no right to appeal when applicant's current leave is valid (not expired). There may be an option to apply for judicial review instead, I believe, if the applicant decides to challenge the refusal as being unlawful.Dreemweaver wrote:I am just trying to see if OP has a chance to appeal in the court of law if the visa is refused
Thanks sushdmehta for the clarification.sushdmehta wrote:There's no right to appeal when applicant's current leave is valid (not expired). There may be an option to apply for judicial review instead, I believe, if the applicant decides to challenge the refusal as being unlawful.Dreemweaver wrote:I am just trying to see if OP has a chance to appeal in the court of law if the visa is refused
regards