There are a number benefits in switching from a Tier 4 Student visa into Tier 2 General Work Visa for both the Applicant and the respective Tier 2 Employer. It is recommended that Tier 4 Students seek legal advice as soon as they finish their course or even a few months before their final exams. The possibility of switching into a Tier 2 General Work Visa within the UK is one of the principle reasons why Tier 4 Students prefer this route over the Entry Clearance Tier 2 General Work Visa. Similarly, Tier 2 Employers also prefer this route as they are not required to conduct a Resident Labour Market Test (RLMT) or pay the new Immigration Health Surcharge.
Eligibility Requirements to Switch from Tier 4 Student Visa into Tier 2 General Work Visa in the UK
The switch from a Tier 4 Student visa into Tier 2 General Work Visa is made within the UK and for this reason, there is huge interest in this visa application amongst Tier 4 Students compared to the Entry Clearance Tier 2 General Work Visa application. The following criterion must be met by Tier 4 Students if they wish to switch from a Tier 4 Student visa into Tier 2 General Work Visa within the UK:
- Applicants must be sponsored by a Tier 4 Sponsor which is considered to be a UK recognised body; or a body in receipt of public funding as a higher education institution; or by an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom;
- Applicants must have successfully completed and passed a UK-recognised Bachelor’s or Master’s degree, postgraduate certificate in education or professional graduate diploma of education, or have completed a minimum of 12 months study in the UK towards a UK PhD during the Applicant’s current period of leave or a period of continuous leave; and
- Applicants must provide their original degree certificate and ensure it has the following information: Applicants name, course, award, duration and date of completion.
In addition to the above Applicants must have a job offer from a Tier 2 Employer who is registered with the UKBA and on their Register of Sponsors, and also acquire 70 points under the Points Based System. Applicants will need 50 points for Attributes, 10 points for English Language and 10 points for Maintenance.
It is crucial that a well-prepared application meeting all the UKVI requirements is submitted to the Home Office, as Applicants can only use a Certificate of Sponsorship (COS) once. If an application is refused, Applicants are required to acquire a new Certificate of Sponsorship, though there is no guarantee the Tier 2 Employer will issue another. Therefore it is imperative no mistakes are made and all the mandatory supporting documents are submitted with the Tier 2 General Work Visa application.
Benefits of switching from a Tier 4 Student visa into Tier 2 General Work Visa in the UK
There are a number of benefits for both Tier 4 students and Tier 2 Employers when Tier 4 Students switch into the Tier 2 General Work Visa category within the UK. We have listed a few of the key benefits below:
- Tier 2 Employers are exempt from having to carry out a Resident Labour Market Test (RLMT) if they assign a Certificate of Sponsorship to a Tier 4 Student present in the UK. The Resident Labour Market Test requires all Tier 2 Employers to advertise the job for at least 28 days. The Tier 2 Employer will then need to show that there are no suitable settled workers in the UK to fill the post;
- Tier 2 Employers are not required to pay the Immigration Skills Charge, this is a new charge which was introduced on 6 April 2017 and requires Tier 2 Employers to pay £1000 per overseas worker;
- As the Certificate of Sponsorship is not subject to a national annual limit, therefore, the Certificate of Sponsorship is likely to be issued quicker;
- The Application to switch from Tier 4 Student Visa into Tier 2 General Work Visa is made within the UK and an Entry Clearance Tier 2 General Work Visa application is not required; and
- Could lead to Settlement status in the UK.
There are also a number of benefits for Dependents of Tier 4 Students such as applying to switch into a Tier 2 General Work Visa in their own right.
Using Legal Representation to Switch from Tier 4 Student visa into Tier 2 General Work Visa
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with switching from a Tier 4 Student visa into Tier 2 General Work Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your switch from Tier 4 Student visa into Tier 2 General Work Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully Switch from Tier 4 Student visa into Tier 2 General Work Visa
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of switching from a Tier 4 Student visa into Tier 2 General Work Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 4 Student visa into Tier 2 General Work Visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a Tier 4 Student visa into Tier 2 General Work Visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.