We recently blogged the new changes to Tier 2 which came into force on 6 April 2011. Tier 4 students are able to switch into Tier 2 which is not a change from the previous Rules, and Sponsors are able to apply for an unrestricted certificate of sponsorship (COS) in order to facilitate the full-time employment of a worthy non-EEA candidate who is switching.
Tier 4 guidance states that students must have successfully completed a course which lasted at least one academic year during their most recent period of leave as a Tier 4 student, as well as meet the full points requirement of Tier 2 to switch. However, we have received clarification from the UK Border Agency that Tier 4 students must have completed a full course of study. Therefore, completing one year of a three year course will not satisfy the requirements. Students should not have to prove that they have been awarded the qualification as long as they have sat their last exam and handed in their final piece of work.
This requirement is particularly important; Tier 4 students and Sponsors should be aware of this requirement as non-EEA nationals who are in the UK and on a course of study for less than one academic year (or even who are only half way through a longer course), will have to make an entry clearance application from outside the UK in order to re-enter under Tier 2. In such cases, Sponsors will have to apply for a restricted COS, which they ultimately need to plan and prepare for.
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 which I studied from 2005 to 2008.
Thanks
Hi Hasham
Thank you for your question.
Under the new Tier 2 rules, students must have successfully completed a course which lasted at least one academic year during their most recent period of leave as a Tier 4 student, as well as meet the full points requirement of Tier 2 to switch. This means that you would have to complete your course first, unless of course you would be willing to make an application from outside the UK.
Please contact us on 0845 413 7000 or at info@davidsonmorris.com to discuss your matter further.
Kind regards
Rekha
DavidsonMorris
Hi,
I have a question regarding switching tiers. I am currently in the UK on a Tier 4 Visa and I have a Tier 2 sponsor. I am studying a degree course for 2 years and I have finished my 1st year would it mean that i still need to complete my degree course in order to switch to tier 2?
Thanks!
Coy
Hi Coy
You would need to complete your course of study an completing your first year does not seem to enable you to switch into Tier 2 (General). Please contact us on 0845 413 7000 if you would like to discuss your options.
Kind regards
Rekha
DavidsonMorris
I have finished 1year pgd strategic management and leadership(level.7) now my friend offer me a job (assistant manager)
In his company He is running currency exchange and air ticketing business company(taj traders) can I switch in tier 2 to do that job and my friend need to compleat the resident labour market test please guide me.thanks
Hi Matti
We need to look at your circumstances and proposed position with this company in more detail. The prospective employer must also have a sponsor licence before being able to sponsor you under Tier 2. Please contact us on 0845 413 7000 or at info@davidsonmorris.com to discuss further.
Kind regards
Rekha
DavidsonMorris
hi,
I am under Tier 4 student visa. When I joined my post graduate degree course in Feb 2011, according to Govt rules, we were able to apply for PSW visa when we finish our PG course in June 2012. And in April 2011, Govt declared they will be stopping PSW visa in April 2012. Now we can’t apply for PSW visa, when we finish our course in June 2012.
Is there any exception for students like me who started studying here before April 2011.
please reply.
Hi Sushi
The Government has announced that the PSW scheme will close in April 2012. Students graduating with a UK degree, PGCE, PGDE from a recognised or listed body will be able to apply for a job with a UKBA licensed Tier 2 employer. You will only be able to switch into Tier 2 if you are in the UK; your employer will not have to complete the resident labour market test however, you must be paid the appropriate rate as set out in the relevant code of practice. Please bear in mind that full details are not yet available and we will be keeping a close eye on any changes that will be affecting Tier 4 students very closely!
Kind regards
Rekha
DavidsonMorris
Hi,
1- I did MSc course in the UK in 2005-2006.
2- I registered for PhD course in April 2007 (before I got my MSc certificate).
3- I got student visa in July 2007. This visa is still vaild till now.
4- I got my MSc Certificate in December 2007.
5- Now, my visa (which I got in July 2007) is going to expire soon and I got job offer from a licenced sponsor. But I have not finished my PhD yet. Can I switch my student visa to tier 2 visa from inside the UK before I finish the PhD (i.e., Can I say that I was awared MSc degree during the current visa?)? Or the MSc degree cannot be used as adgree that was awared in the last leave to remain?
Any clarification about this issue will be appreciated.
Hi, another question: will the first submission of the PhD thesis count as completion of the course? Or the course will be counted as complete only after the final submission of the corrections of the PhD thesis?
Thanks,
Hi Saleh
Thank you for your query.
You must complete your course in the UK in order to switch into Tier 2 (General). Your university would have to confirm that you have sat all exams and handed in all of your coursework. In this case, this would be the final submission of your thesis based on the Guidance we have received from UKBA. However, it is open to you to query this with the UKBA directly.
Should you require further information or assistance with your application, please do not hesitate to contact u on 0845 413 7000 or at info@davidsonmorris.com.
Kind regards
Rekha
DavidsonMorris
Hi,
1- I did MSc course in the UK in 2005-2006.
2- I registered for PhD course in April 2007 (before I got my MSc certificate).
3- I got student visa in July 2007. This visa is still vaild till now.
4- I got my MSc Degree Certificate in December 2007.
5- Now, my visa (which I got in July 2007) is going to expire soon and I got job offer from a licenced sponsor. But I have not finished my PhD yet. Can I switch my student visa to tier 2 visa from inside the UK before I finish the PhD (i.e., Can I say that I was awared MSc degree during the current visa?)? Or the MSc degree cannot be used as adgree that was awared in the last leave to remain?
Any clarification about this issue will be appreciated.
Thank you
Hi Saleh
Thank you for your query.
Please note that in order to switch from Tier 4 to Tier 2 you will need to have sat the last exams and handed in your final piece of coursework (in this case this would be your thesis).
Should you have any questions, please do not hesitate to contact us on 0845 413 7000.
Kind regards
Rekha
Hello,
I have completed my Post Graduate Certificate from a Highly Trusted Institution that has lasted for a full academic year. My employer is willing to sponsor me under Tier 2.
What are the legal requirements that my employer has to satisfy to be able to sponsor me under Tier 2? How could I verify if my employer is a licensed sponsor? If my employer is not a licensed sponsor yet, what does my employer have to do to become a licensed sponsor, to be able to sponsor me? (I have my current visa valid till Dec 2011)
Your response would be much appreciated. Thank you.
Hi Rajesh
Thank you for your query.
Please contact the office on 0845 413 7000 or at info.davidsonmorris.com to discuss your matter in detail.
Kind regards
Rekha
DavidsonMorris
hello,
i am international studnet and i complete mmy bsc in june 2012, i would like to work in th uk after graduation and would like to know waht the procedure for switching to tier 2 is. Am i only eligible to apply if i have skills that correspond to the shortage occupations list?
your response would be appreciated.
thank you
Hi Mariha
Thank you for your query.
In order to advise you as to the procedure for switching into Tier 2, please contact us on 0845 413 7000 or at info@davidsonmorris.com.
Kind regards
Rekha
DavidsonMorris
Hi,
I would like to clarify my understanding of the new UK student visa policy. If I finish a post graduate course from a UK University (Highly Trusted Sponsor) and successfully get a job offer over 20,000 GBP, will I be able to switch to Tier 2 (General)? If yes, will my application be counted as part of the 20,700 cap on Tier 2 (General) migrants, and should my prospective employer carry out the resident labour market test? How many points would I be awarded in such a case?
I look forward to your response.
Thank you.
Best Regards,
Vivek
Hi Vivek
Thank you for your query.
Please note that, whilst the minimum salary to meet the requirements for Tier 2 is £20,000, I would need to look at the Codes of Practice relevant to your job to determine the minimum and appropriate rates for the position that you have been offered.
Please contact us on 0845 413 7000 or at info@davidsonmorris.com for further advice and assistance.
Kind regards
Rekha
DavidsonMorris
Hi,
I applied to switch from Tier 4 to Tier 2. My application was refused with the objection that I have not completed at leat one accademic year study during my current stay. Now that my course had ended on 29.07.2011 and I have submitted all the final work of my course PGD-Level 7 diploma cocurse. Now if I apply again with the college letter that I have completed my course, does this satisfy the relevant rule 245HG(g). I was awarded full point in rest of the fields. Moreover, can I apply on the same COS, or my employer needs a new COS…? My visa going to expire pn 29.09.2011.
Thank You
M. Iqbal
M. Iqbal
hi, i am switching for a student visa that was applied before March 2009 (pre-tier visa) to a Tier 2 visa, i have a certificate of sponsorship given by my employer. However, I have completed my NVQ Level 3 however my school has yet to issue my certificate,and has been very hard to be contacted eversince i have fully paid my fees. I can only provide my acceptance letter and proof of payment of my fees, as well as emails from school confirming my status with them when i was studying. I have also completed a 3-month Overseas Nursing Programme Course and now Registered as a Nurse with The Nursing and Midifery Council. Can u see any possibilities i may be refused with a Tier 2 visa under these circumstances? thank you very much for your time.
Hi,
I have a question regarding switching tiers. I am currently in the UK on a Tier 4 Visa and I have a Tier 2 sponsor. I have renueved My student visa in december 2010.Now I am studying ACCA course for 2 and half years.I am working in nursing home as a carer. I have done NVQ 3 in UK to improove my skills on my workpalce. Now my employer wants to sponcer me they are ready to carry out the resident labour market test and ready to pay me salary according to code of practice relavant to my job. So can you please tell me am I eligible to apply for workpermit????
Please reply me ASAP.
Rudra.
Thanks!
I would need to look at the Codes of Practice relevant to your job to determine the minimum and appropriate rates for the position that you have been offered.
Hi,
I have a question regarding switching tiers. I am currently in the UK on a Tier 4 Visa and I have a Tier 2 sponsor. I have renueved My student visa in december 2010.Now I am studying ACCA course for 2 and half years.I am working in nursing home as a carer. I have done NVQ 3 in UK to improove my skills on my workpalce. Now my employer wants to sponcer me they are ready to carry out the resident labour market test and ready to pay me salary according to code of practice relavant to my job. So can you please tell me am I eligible to apply for workpermit????
Please reply me ASAP.
Thanks
Rudra.
Hi,
I’m in the UK under the Tier 4 visa studying English since Feb/2010, and after extending twice, my Visa expires in Feb/2012.
How does it work in case I want to switch for Tier 2? I studied more than 1 year, although my course finishes only in February. Do I have to come back to my country or I can apply from inside the UK?
Thanks,
Elias
Hi
I have a question on the documents required for applying Tier2 General.
Since CoS number is a virtual document, do i have to submit the printout showing my CoS number? and if my sponsor has tick the box that they have verified my maintenance funds, do i still need to sign in Section 6 of the application form?
Thanks
Azam
hi ,
i have a question. i have completed ACCA from UK from a teir 4 college. i just want to know could you get PSW visa on ACCA soley. As many of my friends got PSW on this..
wait for ur urgent respose..
I came to UK as student dependent of my wife in 2006, in 2007 I go back India -switch to student, and from uk my wife switch back to student dependent, then after a year we got PSW visa which is getting expire in december 2012. now my wife employer is ready to sponsor her Tier 2, so question is that do i need to go to India with my wife so that she can switch to main applicant and i became dependent or
She can go alone and switch from PSW Dependent to Tier 2 main, and then when she return UK i apply to switch from PSW to Tier 2 dependent.