After completing their studies in the UK, a Tier 4 student can switch into a Tier 2 (General) visa which will enable them to work in a skilled role for a UK sponsor.  The role must meet the skill level, salary and other sponsorship requirements.  In order to be eligible to switch from a Tier 4 visa into a Tier 2 (General) visa, students will need to meet all of the following requirements.

• They must apply for their Tier 2 (General) visa from inside the UK
• Their Tier 4 (General) visa must be valid at the time of applying
• They must have completed their course for which their Tier 4 visa was issued*
• They cannot leave the UK between graduating and obtaining their Tier 2 (General) visa

*A student must provide evidence to show that they have successfully completed their course or, if applying after the 11^th January 2018 and are still waiting on their final results, they will just need to provide evidence that they have completed all of the work for their course (such as a letter of confirmation from their Tier 4 university).  In this case, the employer will likely still need to see evidence that the student has successfully passed their course before the Tier 2 employment starts.

Leaving the UK:

If a Tier 4 student is planning to switch into a Tier 2 (General) visa, it is vital that they do not leave the UK between graduating and obtaining their new Tier 2 Biometric Residence Permit (BRP). If they leave the UK after graduating and try to re-enter, even although their Tier 4 visa is still valid, they may be temporarily admitted as a visitor instead of a Tier 4 student.  If they are admitted as a visitor, they will not be eligible to switch into a Tier 2 (General) visa.

Start Date:

A student cannot start working in their new role until the stated start date on their Certificate of Sponsorship (CoS).  The employer is required to conduct a ‘right to work’ check before the new employment starts.  In most cases, a student will be required to show their new Tier 2 BRP to the employer before starting work in their new role.  In some cases, however, they may be able to start working before receiving their new BRP if their Tier 2 visa application has already been submitted and the employer is satisfied that they have permission to start working in their new role. 

Other requirements:

As well as providing evidence as proof that they have completed their course, Tier 4 students will also be required to meet the sponsorship, English language and maintenance requirements before switching into a Tier 2 visa.  There may also be additional requirements depending on the student’s exact circumstances. 

Process for switching into a Tier 2 (General) Visa

Once the employer has issued the student with a CoS for their role in the UK, the student will need to complete an online application and then post their original, supporting documents to UK Visas & Immigration (UKVI). The standard process for this visa takes up to 8 weeks.  There is also a 2-week priority service available for an additional £459.  Alternatively, instead of sending supporting documents by post, there is an in-person appointment option at UKVI premium service centres.  The fee for this same day service is an additional £590. 

For assistance with switching into a Tier 2 (General) visa or for issuing a Certificate of Sponsorship for a skilled role in the UK, please contact Beverley Harper at IQA Immigration.