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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi I am writing for advice regarding my situation, i currently

Customer Question

Hi
I am writing for advice regarding my situation, i currently work as a sonographer, and have worked in this role on a tier 2 work visa, and have had this for the past 3 years, however i have been recently informed that the company is closing down in january 2015.
I only have from now until 15/02/2015 to find another job to enable me to stay in the uk on a work visa. I am of persian/iranian nationality.
i am looking for any help and advice you can offer me?
i have some questions which are as follows:
1. In case i do not find any company to sponsor me, can i switch to a student visa inside the uk?.
2. i am in a serious relationship with an english man, and he has been seperated for almost 2 years, and will be starting divorce proceedings in early 2015, and we plan to marry later in 2015, so is there any way that i could stay here on a fiancé visa, partnership visa, spouse visa etc, while his divorce is under process?.
3.When my current company closes down, how many months gap can i have in order not to lose the 3 years that i have built up, to enable me to get to 5 years to gain uk residency?
I am trying all i can to help my situation, and i do not want to lose all the hard work i have put in to build a successful career, and to keep my relationship, but now i need serious help and advice?.
4. If any chance i found a job in another field, not in my profession, and they provide me with a visa could i then change my field of work according to the uk border agency rules?
I look forward to hearing from you.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Do you mean that your current visa expires on 15/02/2015? If not, please state when it expires..
Kind regards,
Tom
Customer: replied 2 years ago.

my visa expires in 16/01/2017, but because it is work restricted, as soon as my current company closes down, i have 28 days form 16/01/2015 to find an alternative?

Expert:  Thomas replied 2 years ago.
Thanks. Drafting your answer now. 10 mins please.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
1. If you are not able to find a new employer the you can switch to a student visa from within the UK. The rules on Tier 4 visas allow this:-
https://www.gov.uk/tier-4-general-visa/switch-to-this-visa
2. I’m afraid if your partner has not divorced then you cannot switch to a fiancé/spouse/partner visa, because he is still technically married until his decree absolute is granted in his divorce. It therefore precludes a relationship on which a visa application might otherwise be based.
3. If your company is closing then any application that you submit within 60 days of your employment ceasing will be consider and, if eligible, allow you to switch to a different Tier 2 general sponsor.
4. If you found a difrerent job for which you can be sponsored for tier 2 purposes then you can attempt to switch to this job within the time limit. It will still be considered provided that you otherwise meet the normal eligibility criteria.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Thank you.

1- so as far as i understand, when i finish with my current company on 16th January 2015,i have 60 days after 16th January to find alternative company?

2-If i switch to student visa for 6 month and find another company in the mean time,will i lose those 3 years work visa to built up 5 years to be able to get residency?

3-My current company has been done redundancy before ,and i am not quite sure is it closing down or taking over,... because i heard i have only 28 days after company finish on 16th january.

Expert:  Thomas replied 2 years ago.
Hi,
1 - Correct.
2 - Yes, you would lose the time you have spent on your tier 2 visa if you switch to a student visa.
3 - If you google "Tier 2 General 60 days" and click on the fourth (non-AD) link down you will see at section 10 that the 60 days period is confirmed.
Tom
Customer: replied 2 years ago.

thanks.

Do i need to switch to student visa after 16th january 2015?

Expert:  Thomas replied 2 years ago.
Hi,
If you cannot switch to any other category of visa then, yes, you can switch to a spouse visa after your company closes.
TOm
Customer: replied 2 years ago.

you mean student visa?

because spouse visa, you said i should wait till my partner get his divorce certificate,am i right?

Expert:  Thomas replied 2 years ago.
Hi,
Sorry, yes, I meant student visa, I think I must have typed too quickly.
You can only apply for a spouse visa once your partner has divorced.
Tom
Customer: replied 2 years ago.

if i find other company that provide me work visa but in different field of my profession,would it be ok with UK border agency?

Expert:  Thomas replied 2 years ago.
Hi,
Yes, provided that you meet the usual eligibility criteria then you would be able to switch sponsor even though it was a different field.
Tom
Customer: replied 2 years ago.

if i sponsored by a new company but in different field of my profession,still can built 5 years to get residency?

i maen those 3 years will be safe?

Expert:  Thomas replied 2 years ago.
Yes, it will still count towards ilr residency..
Customer: replied 2 years ago.

many thanks Thomas for your time.

At the moment there is no more questions to ask you ,just in case of any other questions , can i still ask you for the same amount of payment which i did initially? or , should i pay another 42 pound?

Expert:  Thomas replied 2 years ago.
Hi,
I expect that you would have to post a further question to the board.
You're welcome. Good luck
Tom
Customer: replied 2 years ago.

Dear *****,

would you please tell me,if any question come to my mind can i ask you for 1 week with the same payment? or do i need to pay again

Expert:  Thomas replied 2 years ago.
Hi,
If you reply to this thread within 1 week then I will answer.
Tom
Customer: replied 2 years ago.

many thanks

Expert:  Thomas replied 2 years ago.
No problem
Customer: replied 2 years ago.

Hi Tom,

If i switch to student visa,does it matter which level of course ?

I mean it should be Master or above?

or , i can enrol for some simple college courses?

Expert:  Thomas replied 2 years ago.
Hi,
I will be able to answer at 9am tomorrow.
Tom
Customer: replied 2 years ago.

ok thank you

Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your patiece.
Provided that you do one of the courses outlined under the title "Your Course" on the following link then you will be able to switch to it:-
https://www.gov.uk/tier-4-general-visa/eligibility
Tom

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