Tier 4 to Tier 2 switching

[Freeman78]

Asking on behalf of a friend.

My friend have applied for Tier 4 extension in December 12 and as at today 22/07 has not received the decision. Bio metrics were given in January.Called UKBA last week - they say application is in progress.he has now been awarded an MBA Degree and also found a tier 2 sponsor willing to issue him a COS. Can someone please advise if he apply through variation of leave by sending a Tier 2 Application while tier 4 application is undecided? if yes does he need to write a covering letter informing ukba that they already are in possession of his Passport?


Many thanks for your time

[MaximusNostramus]

Hi there,

Thank you for your query. Reading through your question..

Simply NOT POSSIBLE.

UKBA Will not entertain any application based on any pending undecided application. Sounds harsh but its true and I have personally had hours on end argument with them about this. You can't make an application with a covering letter, ukba will take the money for the application and reject it on the grounds <unable to claim points for switching from Tier 4 to Tier 2> and your friend's employer's cos will be wasted as well.

UKBA clearly states that all applications are decided under their discretion. To give you a metaphor - think about this - you are asking someone to give you grant of leave to remain on something that is not certain yet (tier 4 extension has definitely been granted) - so how can you be granted leave to remain on Tier 2?

My sympathies for your friend and I don't understand the circumstances why UKBA is taking so much time. Really unacceptable.