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Switching from Tier 4 to tier 2

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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omshikhare
Newly Registered
Posts: 1
Joined: Sat Jul 03, 2021 1:25 am
India

Switching from Tier 4 to tier 2

Post by omshikhare » Sat Jul 03, 2021 1:39 am

Hi,

Currently, I am on a Tier 4 student visa, fully sponsored by my state government.

I am also currently working part-time under an employer that has Tier 2 Sponsor license.

Because I was sponsored to pursue my Masters, I cannot switch from Tier 4 to Tier 2 (According to point no. 18 in Tier 2 policy guidance) unless I get consent from my Government (which is very unlikely to happen).

In this case, can I curtail my current Tier 4 visa and go back to my country and apply for Tier 2 with the current company?

Will self-curtailment cause any repercussions to my future applications to UKVI?

Many thanks for your reply in advance.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from Tier 4 to tier 2

Post by manci » Sat Jul 03, 2021 7:24 pm

\are you aware that under the new Graduate route if you completed your Masters course you could stay in the UK for 2 more years without needing sponsorship and also work in any job?

Otherwise, abandoning your course and leaving the UK would have no immigration consequences (but your State Government funding sponsor in India may well ask for some explanation).

Before applying for a Skilled Worker entry clearance (visa) your prospective employer would need to assign a defined CoS to you.
Personal opinion, not professional or legal advice

lolo2
Senior Member
Posts: 734
Joined: Thu Oct 24, 2019 8:14 pm
Venezuela

Re: Switching from Tier 4 to tier 2

Post by lolo2 » Sat Jul 03, 2021 7:47 pm

omshikhare wrote:
Sat Jul 03, 2021 1:39 am

In this case, can I curtail my current Tier 4 visa and go back to my country and apply for Tier 2 with the current company?

Will self-curtailment cause any repercussions to my future applications to UKVI?
The only way to curtail your visa is through your sponsor (university) who will notify HO and then curtail your visa. I don't think there is such a thing as a "self-curtailment" process of a Tier 4 visa, or is that possible? (genuine question).

Not sure what kind of scholarship you got from your government, sometimes those consider that you cannot stay in the host country after your studies or you must go back to your home country after your studies for a certain amount of time.

The old Tier 2 and the new Skilled Worker policy say you cannot switch from Tier 4 to the SW route if sponsored with a full Government scholarship without their written consent. (see page 11: https://assets.publishing.service.gov.u ... 2.0ext.pdf)

And I would suspect that you cannot stay with the Graduate route neither. But again, that will depend on the conditions of your scholarship.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from Tier 4 to tier 2

Post by manci » Sat Jul 03, 2021 9:49 pm

lolo2 wrote:
Sat Jul 03, 2021 7:47 pm
And I would suspect that you cannot stay with the Graduate route neither
You are correct. From the Graduate caseworker guidance
https://assets.publishing.service.gov.u ... 1.0ext.pdf

If an applicant has, in the 12 months before the date of application, been awarded a
scholarship or sponsorship by a Government or international scholarship agency,
covering both course fees and living costs for study in the UK (for example a
Chevening or Marshall scholarship), it is a validation requirement that they must
provide written consent from the financial sponsor to the application for permission to
stay in the UK as a Graduate.
Personal opinion, not professional or legal advice

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: Switching from Tier 4 to tier 2

Post by ywlgy » Sun Jul 04, 2021 11:56 am

My understanding is that the consent letter requirement applies to both entry clearance and leave to remain applications, so you still need to provide it when applying in your home country.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Switching from Tier 4 to tier 2

Post by manci » Sun Jul 04, 2021 12:29 pm

ywlgy wrote:
Sun Jul 04, 2021 11:56 am
My understanding is that the consent letter requirement applies to both entry clearance and leave to remain applications, so you still need to provide it when applying in your home country.
That is correct, se immigration rule SW1.4

An applicant applying for entry clearance or permission to stay, who has received an award from a Government or international scholarship agency in the 12 months before the date of application which covers both fees and living costs for study in the UK, must have provided written consent to the application from that Government or agency.

So it seems that the OP will be unable to obtain a SW visa (entry clearance or permission to stay) for 12 month without consent. Might the consent be forthcoming if he finishes his course?
Personal opinion, not professional or legal advice

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