Suggestion needed on proceeding with Tier 2 Application

[ggeegg]

Hello forum readers,

Thank you for taking time to read through my post. I have few questions that I would like to take all your guidance on.

Currently I am on student Tier 4 visa and will be finishing in July this year academically from the university. I am working part-time (20 hrs/week) with an employer who hold a valid License to sponsor Tier 2 applicants and are willing to support me to continue my work with them. I don't know the following.

1. Can I switch from Tier 4 to Tier 2?
2. When can I advise them to make a start with my Tier 2 application? My Tier 4 finishes in Jul 2013 but graduation will be in around late September this year. Can I start preparing for the application when I finish my studies and not wait for the visa to come to expiry.
3. The job is not on the shortage list but in the list of occupations with various SOC codes and I will be put on the right salary bracket prior to my Tier 2 application. Does that mean my employer would STILL need to undertake RLMT?
4. On what grounds is the COS (ar) refused from an employer?

Kindly advise me with your suggestions.

I thank you all once again for your time.

[Greenie]

The rules for switching from Tier 4 to Tier 2 are due to change in April when the PSW category is closed, essentially to make it easier for Tier 4 migrants to switch to Tier 2 by taking away the need for the RLMT. Currently you can only switch from tier 4 - tier 2 if you have finished a course that is at least one academic year in duration during your most recent period of leave as a tier 4 migrant and unless the job is on the shortage occupation list you would need to meet the RLMT. You should wait until the rules change in April so that you know what the requirements will be.

Regarding when your leave ends - why is your leave until July 2013 if you graduate in September 2012?

[ggeegg]

Thank you very much for your reply.

My apologies for creating the confusion. Actually I will graduate in Feb 2013 provided my dissertation is handed in November and the award board at university will award the certificates in Feb. Once again, I am sorry for misleading you.

Oh dear the rules are changing again? I hope they are somewhat favorable to my situation. You mentioned "essentially to make it easier for Tier 4 migrants to switch to Tier 2 by taking away the need for the RLMT". Will you kindly elaborate on this.

Also can you share with me if I will be worse of or will the new rule help me to secure a Tier 2? I like my job and my employer likes and appreciates my work, having no Tier 2 to continue after studying is a big burden just to even think about it.

Look forward to hear back from you.

[madona587]

If your employer is willing to pay you the required salary according to code of practise then even after the rule change you should be able to get TIER2 without a hitch. Like Greenie said if they remove the RLMT for students it will make it a lot easier for you to switch to Tier2. Don't worry too much cause your company has a license which is like the hardest bit and more than happy to keep you.

[Link-Law Associates]

Dear ggeeg,

What are you currently studying?
when you graduate will you graduate with a honors degree or higher?

The rules are changing on 5th April and there is a provision for "Post Study Workers" (PSW) to switch into Tier 2, which is what I think Greenie is referring to. However you will need to meet the requirements for (PSW) to qualify to switch into Tier 2.

Best wishes

M

[Greenie]

it is rather confusing to talk about having to meet the requirements for PSW in order to switch from tier 4 to tier 2 given that PSW will close from 6th April 2012.

A Tier 4 migrant who wishes to switch to Tier 2 after 6th April will not have to 'meet the requirements of PSW', rather he will be exempt from the RLMT if he has recently been awarded a UK bachelors, masters, PhD, PGCE, PGDE or Scottish HND (in other words, the qualifications which are currently required for a person to apply for PSW). I don't think we should be referring to migrants wishing to switch from tier 4 to tier 2 after 6 April as 'post study workers' or 'having to meet the requirements of PSW' since PSW will no longer be an open category.

OP - the situation is as follows:

- Currently in order to switch from Tier 4 to Tier 2 you need to have finished a course that was at least one academic year in duration (unless you are a PhD student, in which case you can switch if you have completed one year of the PhD). Currently in order to switch the job needs to be on the shortage occupation list, be paid at over £150,000 or your employer needs to have undertaken the RLMT.

- After 6th April, when PSW is closed, Tier 4 migrants will be able to switch without the job being on the shortage occupation list, being paid over £150k or having to go through the RLMT, however you will still need to have been awarded your degree and have completed your course in order to switch from Tier 4 to tier 2 from within the UK and to be exempt from the RLMT. Note you are also required to meet the other requirements of tier 2 (e.g. minimum salary etc). You will only be exempt from the RLMT if the qualification you are awarded is one of the qualificaitons listed above (i.e. bachelors, masters, PhD etc)

- As I understand from your previous post, you are not due to finish your course until November, and not due to be awarded until Feb 2013, as such, in order to be exempt from the RLMT, you would not be able to make an in country tier 2 application until after you have been awarded your degree in Feb 2013 - that is assuming that you are in fact studying for a bachelors degree or higher as explained.