Aston Brooke Solicitors remain open for business as usual and we are available to take new and existing enquiries over the telephone, post or via email.

CORONAVIRUS UPDATES
Switching a Tier 4 Visa to Tier 2.

How to convert a UK Tier 4 Visa.

29th September 2017

Introduction

An applicant, who has or has last been granted entry clearance to, leave to enter, or leave to remain, in the United Kingdom as a Tier 4 (General) Migrant under the Points Based System, can in principle, amongst other routes, apply for leave to remain in the United Kingdom by switching their immigration category to that of a Tier 2 (General) Migrant under the Points Based System.

 

General Conditions

The applicant needs to satisfy the general conditions below (Paragraph 245HD of the Immigration Rules sets out the precise general conditions to be met):

Condition 1

The applicant must have been sponsored by either:

Condition 2

The applicant must have completed and passed a:

Condition 3

The applicant must have completed the above at a UK institution that:

  • is a UK recognised body;
  • is a UK listed body; or
  • holds a Tier 4 sponsor licence.

Condition 4

The applicant must have studied the above course during:

  • their last grant of Tier 4 leave; or
  • a period of continuous Tier 4 leave which includes their last grant of Tier 4 leave.

Condition 5

The applicant must provide an:

  • original degree certificate;
  • academic transcript; or
  • academic reference on official letter-headed paper of the institution;

which clearly confirms:

  • their name;
  • the course title/award;
  • the course duration (not required in the case of a degree certificate); and
  • the date of course completion and pass (or in the case of a degree certificate the date of award (not required in the case of a PhD course)).

 

Substantive Conditions

The applicant must obtain:

 

Certificate of Sponsorship

In order to be eligible for the award of the requisite 30 points, an employer who wishes to sponsor the applicant must hold a Tier 2 (A-rated) sponsor licence.

Further, the applicant must be sponsored in a job role which is skilled, to at least Regulated Qualifications Framework Level 6 (as set out in Appendix J of the Immigration Rules). They cannot be sponsored in any lower-skilled job role, unless they are sponsored in jobs such as artists, authors, writers and translators, actors, entertainers and presenters, dancers and choreographers, product, clothing and related designers, or in jobs as set out in the shortage occupation list in Appendix K of the Immigration Rules.

Further, as the applicant would be switching from Tier 4 to Tier 2, the employer would not be required to undertake a valid Resident Labour Market Test. This would ordinarily otherwise be the case, as the Tier 2 sponsor would need to advertise the job for a consecutive period of 28 days in two separate medium, to allow the British/settled workforce of the United Kingdom to apply for the job. That is, unless the job is on the shortage occupation list in which case it would be exempt (except for Nurses where a valid Resident Labour Market Test would nevertheless need to be undertaken).

Appropriate Salary

In order to be eligible for the award of the requisite 20 points the employer must either pay the applicant:

  • a minimum annual salary of £20,800, or
  • the salary for a new entrant for the job title as specified in Appendix J of the Immigration Rules if one has been specified, whichever is higher.

Otherwise the mandatory requirement is for the employer to pay the applicant a minimum annual salary of £30,000.00 or the salary for an experienced worker for the job title as specified in Appendix J of the Immigration Rules, whichever is higher.

Further, if the employer sponsors the applicant in a job role, for example, as a Nurse (SOC Code 2231) then the applicant must be paid a minimum annual salary of £20,800, whilst they are a Pre-Registration Candidate Nurse, otherwise £21,909.00 for a Band 5 Nurse.

The calculation of the salary must be done by the employer on the basis of the source used to determine the minimum appropriate salary i.e. 39, 37.5, 37 or 40 hours a week as set out in Appendix J of the Immigration Rules, and therefore the minimum appropriate salary cannot take account of any salary that they will earn in employment above the relevant permitted hours per week.

English Language

In order to be eligible for the award of the requisite 10 points the applicant must be able to prove that they are able to read, listen to, write and speak English at Level B1 or above of the Council of Europe’s Common European Framework for Language Learning.

This requirement will ordinarily have been deemed met by the applicant if they are switching from Tier 4 to Tier 2 and are relying upon a Bachelor’s degree, Master’s degree or PhD completed in English from the United Kingdom (which must be an academic qualification and not a professional or vocational qualification).

Otherwise one of the English language requirements set out in Appendix B of the Immigration Rules would need to be met, for example, by sitting an IELTS SELT (International English Language Testing System Secure English Language Test) and achieving a score of 4.0 or higher in each of the four components of reading, listening, writing and speaking.

Maintenance (Funds)

In order to be eligible for the award of the requisite 10 points the applicant must be able to prove that the employer as a Tier 2 (A-rated) sponsor certifies on the Certificate of Sponsorship that, should it become necessary, it will maintain and accommodate the applicant up to the end of the first month of employment, provided that the undertaking is not for less than £945.

In the alternative, if the employer is not willing to certify as above, then the applicant must be able to produce original documents (for example, personal bank statements), to prove that they have:

  • cash funds (not including shares, bonds, credit cards, pension funds, overdrafts etc.) personally available to them,
  • of at least £945,
  • in an acceptable financial institution in the United Kingdom (i.e. a bank or building society),
  • for a consecutive period of 90 days or more as at the date of application;

or

  • an equivalent amount when converted from the foreign currency to Pound Sterling,
  • if the cash funds are held in a financial institution abroad, and
  • the closing balance must be no earlier than 31 days as at the date of application.

 

Conclusion

An applicant can switch immigration categories from a Tier 4 (General) Migrant to a Tier 2 (General) Migrant. However, those intending to switch and make such applications must seek proper legal advice, and ensure that they are fully guided on all of the evidence that is required, and in addition, that the Tier 2 (A-rated) sponsor has complied with their mandatory requirements (as set out in the Tier 2 and 5 Sponsor Guidance).

 

 


Contributor Details:

This document was written by Aston Brooke Solicitors’ Immigration Department. For specific legal advice on your case please contact us on +44 (0)203 475 4321 and a member of our team will be able to assist you.

Disclaimer: this article is for general information purposes only. It does not present a detailed statement of the Law and does not constitute as legal advice. This is a summary only, and legal advice should always be sought on an individual case basis.

 

LATEST NEWS
Could your DIY Will end up in a wave of dispute? 

“Wills are important legal documents and therefore, small errors may cause disputes. DIY Wills are

read more >
Lasting Powers of Attorney 

“What is an LPA and why is it important to have one? A lasting power

read more >
Wills & Probate department 

“Welcome to our  Wills & Probate team . We are here to offer you a

read more >
What is Probate? 

“In accordance to the deceased’s Will, Executors named in the Will, then handle the estate,

read more >
5 reasons why you should choose Aston Brooke to be your corporate immigration lawyers 

We are highly regarded with the services we offer, and due to our relationships with

read more >
Covid-19 update about Immigration 

Visit Visas The Secretary of State for the Home Department announced on 24 March 2020,

read more >
RECENT NEWS
Could your DIY Will end up in a wave of dispute? 

“Wills are important legal documents and therefore, small errors may cause disputes. DIY Wills are becoming increasingly popular because they are a cheaper alternative to having a Will properly drafted by a  qualified Solicitor . However, a small mistake could mean paying a much higher price.  A solicitor has the knowledge and experience of drawing […]

Lasting Powers of Attorney 

“What is an LPA and why is it important to have one? A lasting power of attorney (known as a LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This enables you to have […]

Wills & Probate department 

“Welcome to our  Wills & Probate team . We are here to offer you a professional and friendly service at what can be an emotional time for some. Writing a Will or leaving a legacy to your loved ones is one of the most important jobs we can do, however, a lot of us put […]

What is Probate? 

“In accordance to the deceased’s Will, Executors named in the Will, then handle the estate, including taxes, debts and distributions of inheritance. However, before the Executor named in the Will can claim, transfer, sell or distribute any of the deceased’s assets they may have to  apply for Probate . Probate is when a Will is […]

5 reasons why you should choose Aston Brooke to be your corporate immigration lawyers 

We are highly regarded with the services we offer, and due to our relationships with certain sectors in the economy, e.g. health care. As a result we are considered one of the best immigration law firms in London. Professional and skilled immigration lawyers in the Harrow area and renowned immigration lawyers in London, with specialised […]

TESTIMONIALS
Professional Experts…
I first used Aston Brooke Solicitors over 3 years ago. Ever since then I have given them all my legal work, I find their staff to be very helpful and easy to talk to. I have brought over 7 residential properties and 2 commercial properties - each transaction has been dealt with professionally and I have always been kept informed.

Mr A Bajwa

Great Knowledge and Efficient
I was put in touch with solicitors at Aston Brooke through a mutual friend to handle a personal Health Care case. I can not speak highly enough for the service I received. My family and I are forever grateful for the all the help on our case. Thank You.

Mr M Grice

Easy to talk to
Ray Purewal at Aston Brooke was my point of contact and I found him to be a great source of knowledge for my case. He handled everything swiftly and dealt with the opposition in the best way possible. Many Thanks Ray!

Miss L Walker

A note to our visitors This website has updated its privacy policy in compliance with EU Cookie Legislation. Please read this document to review the updates about which cookies we use and what information we collect on our site. By continuing to use this site, you are agreeing to our updated privacy policy. For more information please click here.