Tier 4 to Tier 2 (general)

hasham11 · Post by **hasham11** » Wed May 18, 2011 6:53 pm

Hi, I have a job offer from HMRC on the Graduate Tax Professional Programme. Currently I am on Tier 4 visa and I will need HMRC to sponsor me for Tier 2 (General). Now I need some advice on how will it work out, as HMRC don't have much info on it. So can someone please help me on this.

I have also read the following on UKBA's website:

If you are switching from Tier 4 or the former categories of student, student nurse, student re-sitting an examination or student union sabbatical officer, you must have successfully completed a course lasting at least 1 academic year during your current or most recent permission to stay.

I renewed my visa from Tier 1 PSW to Tier 4 Student on 8th Feb 2011 and I am registered for the ACCA course. Now my question is that if HMRC are to go ahead with the sponsorship, can I still convert my Tier 4 into Tier 2, though my course is supposed to be ending in June 2012?? I do have a Graduate Degree which I completed from the UK in 2008.

Thanks

hasham11 · Post by **hasham11** » Thu May 26, 2011 10:14 pm

anyone with any info??

Post by **geriatrix** » Fri May 27, 2011 12:01 pm

In other words, you haven't completed the course you switched to Tier 4 for or a course in the last 1 year. So, as per the UKBA guidance you are not eligible for sponsorship under Tier 2.

hasham11 · Post by **hasham11** » Fri May 27, 2011 8:12 pm

well I am doing acca and have completed 9 papers in dec 2010 and giving 3 papers in June 2011,

Post by **geriatrix** » Fri May 27, 2011 8:19 pm

The categories you can switch from wrote:If you are switching from Tier 4 or the former categories of student, student nurse, student re-sitting an examination or student union sabbatical officer, you must have successfully completed a course lasting at least 1 academic year during your current or most recent permission to stay.

hasham11 · Post by **hasham11** » Fri May 27, 2011 8:22 pm

well I spoke to a solicitor and they said that its policy guidance and its not in law so I can actually apply, what do you think.

Thanks

Post by **geriatrix** » Fri May 27, 2011 8:28 pm

245HD wrote:(g) an applicant who was last granted leave as a Student, a Student Re-Sitting an Examination, a Student Nurse, a Student Union Sabbatical Officer, or a Tier 4 Migrant must have completed studying a course of study of at least one academic year in duration during that period of leave.

hasham11 · Post by **hasham11** » Fri May 27, 2011 8:33 pm

I was granted student leave from 2005 - 2008 and I successfully completed a Bachelors degree during that time and then I got the PSW and since April 2010 I was registered with ACCA and completed 9 papers in 2010 and to continue giving the remaining 5 papers I renewed my visa to Tier 4, so technically I have completed more than 1 year in the 2005 - 2008 period and also since registering with ACCA from April 2010 I have completed another year till June 2011 to the current.

black_pearl · Post by **black_pearl** » Wed Jun 01, 2011 12:51 am

hasham11 wrote:I was granted student leave from 2005 - 2008 and I successfully completed a Bachelors degree during that time and then I got the PSW and since April 2010 I was registered with ACCA and completed 9 papers in 2010 and to continue giving the remaining 5 papers I renewed my visa to Tier 4, so technically I have completed more than 1 year in the 2005 - 2008 period and also since registering with ACCA from April 2010 I have completed another year till June 2011 to the current.

Hi ,

I just want to ask you have you applied for tier 2 yet. Actually i am in the same position but my course will finish in 2013 and the employer has already conducted the RLMT and is in the process of applying for the COS. so what should i do now? according to the policy guidance, the tier 4 migrant should have completed one year's course but my course started in feb 2011 so the one year will be in feb 2012 so can i apply after feb . 2012? can any one please recommend a good solicitor who can deal with such cases efficiently.
Kindly reply soon

hasham11 · Post by **hasham11** » Wed Jun 01, 2011 12:56 am

well I havent applied for the Tier 2 yet, I am in the same position as you, don't know what to do, my employer hasn't issued me the COS yet.. don't understand what should I do???

Post by **Greenie** » Wed Jun 01, 2011 11:03 am

hasham11 wrote:I was granted student leave from 2005 - 2008 and I successfully completed a Bachelors degree during that time and then I got the PSW and since April 2010 I was registered with ACCA and completed 9 papers in 2010 and to continue giving the remaining 5 papers I renewed my visa to Tier 4, so technically I have completed more than 1 year in the 2005 - 2008 period and also since registering with ACCA from April 2010 I have completed another year till June 2011 to the current.

1) You didn't complete a course of study of at least one year's duration during your last (most recent) period leave as a tier 4 migrant.

2) You have not completed your current course of study, you have completed a year of the course but not the course of study.

Therefore, as the rules stand, you don't meet the requirements to switch.

Post by **Greenie** » Wed Jun 01, 2011 11:05 am

black_pearl wrote:I just want to ask you have you applied for tier 2 yet. Actually i am in the same position but my course will finish in 2013 and the employer has already conducted the RLMT and is in the process of applying for the COS. so what should i do now? according to the policy guidance, the tier 4 migrant should have completed one year's course but my course started in feb 2011 so the one year will be in feb 2012 so can i apply after feb . 2012? can any one please recommend a good solicitor who can deal with such cases efficiently.
Kindly reply soon

You must have completed the course for which you were granted your tier 4 visa and the duration of the course must be at least one year. if you have only completed one year of a 2/3 year course, then you haven't completed the course.

black_pearl · Post by **black_pearl** » Thu Jun 02, 2011 11:51 pm

Greenie wrote:
black_pearl wrote:I just want to ask you have you applied for tier 2 yet. Actually i am in the same position but my course will finish in 2013 and the employer has already conducted the RLMT and is in the process of applying for the COS. so what should i do now? according to the policy guidance, the tier 4 migrant should have completed one year's course but my course started in feb 2011 so the one year will be in feb 2012 so can i apply after feb . 2012? can any one please recommend a good solicitor who can deal with such cases efficiently.
Kindly reply soon
You must have completed the course for which you were granted your tier 4 visa and the duration of the course must be at least one year. if you have only completed one year of a 2/3 year course, then you haven't completed the course.

is it true that the one year successful course completion doesn't apply to applications made outside the country?
in case of tier 2 refusal, what will happen to my tier 4 leave which is valid till 2013?

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Tier 4 to Tier 2 (general)

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