Switch to Tier2, really need some advices!!!

[Danielteng]

I need some professioanl advice, and sorry about long article.

My tier 4 will expire on 31/10/13

1. A company is intrested in hiring me, but they need to apply sponsor lisence.
Is it possible to make everything done before my tier 4 expires ?

2. I think it is quite impossible, so I wonder if the company will still need to do RLMT if I apply/switch the tier 2 within the UK as a visitor status? My plan is to leave the UK before my tier 4 expires, and then come back the UK as a visitor because I am a non-visa national, I do not know if it means that my last visa will be still recognised Tier 4 if I do that.

I'm quite confused because when I read the tier2 guidance. It saids:

Your sponsor will only be exempt from doing a resident labour market test if you have or
have last had leave in one of the above categories.

Tier 4 students/previous student categories

93.You will be awarded 30 points if you have a Certificate of Sponsorship and are applying to
switch into Tier 2 (General) and you have or or were last granted entry clearance, leave to
enter or remain as a:
• Tier 4


In addition, I have to meet the requirement above AND to apply in the UK.

So I was very confused about "were last granted". It seems like even if my Tier 4 expires, the company will still not need to do RLMT as long as I can apply within the UK and can prove my last visa is Tier 4. That is the reason I plan to leave the UK and come back as a visitor status.

I am confused about if it works or not. Please give me some advices and thank you for your patient to go through this article.

[Lucapooka]

No switching from visitor, and switching from T4 requires you to have completed your degree

[Danielteng]

No switching from visitor, and switching from T4 requires you to have completed your degree

Thank you for the reply. Yes, I did get my degree.

Yes, I think it sounds non sense to switch to different category under a visitor status. However, what does it mean "were last granted"? Anyone can explain why the Tier 2 guidance says that?

[manci]

if you stay in the UK after your T4 visa expired you will be an overstayer. However, overstaying up to 28 days is disregarded and if you apply in-country during this 28 day window your last grant will have been T4, so RLMT will not be required.

Your prospective sponsor should apply for their sponsor licence asap

[Danielteng]

if you stay in the UK after your T4 visa expired you will be an overstayer. However, overstaying up to 28 days is disregarded and if you apply in-country during this 28 day window your last grant will have been T4, so RLMT will not be required.

Your prospective sponsor should apply for their sponsor licence asap

Yes, the grace period would be probably one of my options, but I also saw other discussion that it will still probably cause rejection, so that is the reason I want know if it works to switch to Tier 2 under a visitor status since I am a non-visa national to visit the UK.

Anyway, what I really want to understand is what "were last granted" or "have last had" really means in the Tier 2 guidance.

Does it mean that as long as my last visa was Tier 4 and I apply Tier 2 within UK, the company will not need to do RLMT no matter what visa I have or what status I am??

Wonder if anyone knows about it.

[fsix]

YES.

As long as your Tier 4 visa is still valid at the time of making ab application to switch to Tier 2 then you will not be required to have a RLMT done

[Lucapooka]

YES.

As long as your Tier 4 visa is still valid at the time of making ab application to switch to Tier 2 then you will not be required to have a RLMT done

Yes, but the sake of providing complete information as indicated in para 93 of the guidance, the following is also mandatory for T4:

AND YOU MUST MEET ALL OF THE FOLLOWING REQUIREMENTS (FURTHER DETAILS OF WHICH ARE GIVEN BELOW):

you have successfully completed and passed a UK recognised bachelor’s or master’s degree; or UK Postgraduate Certificate in Education (PGCE) or Professional Graduate Diploma of Education (PGDE); or you have completed a minimum of 12 months study in the UK towards a UK PhD during your last grant of leave or period of continuous leave which includes your last grant of leave

[Danielteng]

It seems no one does not really understand what I really want to know.

[Lucapooka]

So consider asking a friend with a better command of English to ask your question here!

[Danielteng]

So consider asking a friend with a better command of English to ask your question here!

No, you seem like the only one who really did not focus on what I wrote and keep repeating obtaining dgreeeeeeee.

I think it is the basic knowledge to ask the question about applying Tier 2 from Tier 4 and i did also reply I HAVE COMPLETED THE DEGREE

[bond.boy203]

@ Daniel,
I think I understood what you are trying to say.

Basically your nationality does not require visa to enter Uk as a visitor. So technically, your last granted visa would be "Tier 4 student" rather than visitor. I think this is highly unlikely because from employer point of view they cannot hire a "visitor" on Tier 2 without completing RLMT.


Also if you read the guidance carefully :

you will be awarded 30 points if you have a Certificate of Sponsorship and are applying to
switch into Tier 2 (General) and you have or or were last granted entry clearance, leave to
enter or remain as a:
• Tier 4

It also says you "last leave to enter" or "remain" should be in Tier 4. If you choose to come as a visitor, your last leave to enter will not be as Tier 4 student.

This is just my interpretation wait for the experts to reply.


p.s : you need to be bit more clear of the fact that your nationality doesn't require visa to come as a visitor for people to answer your question accurately.