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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Immigration Law
Satisfied Customers: 2296
Experience:  Dual qualified Solicitor and Attorney
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Question regarding transition from Tier 4 to Tier 2 visa. IF

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Question regarding transition from Tier 4 to Tier 2 visa. IF my current Tier 4 visa was issued on 18 October 2019, does that mean I can begin working for my Tier 2 sponsor as soon as I have submitted the application, so long as the application is submitted no earlier than 3 months before my current course's end date?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Live in the UK at the moment with US citizenship. Currently studying on a Tier 4 student visa
JA: Have you talked to a lawyer about the tier 2 visa?
Customer: not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: prospective employer is saying that they may not be able to proceed further with recruitment because they think I will not be able to start working for them on time.
Hi thank you for your message, you cannot start working under the tier 2 visa until it is approved in the interim your tier 4 visa remains valid. Under the tier 4 you can work up to 20 hours a week so that is a possibility whilst you await approval of the tier 2. . I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Customer: replied 8 days ago.
Can you explain this change in the regulations to me? As I understand it this should allow me to work full time:
"Those who apply for Tier 2 after getting their results can start their Tier 2 job immediately. This is because Tier 4 leave that was granted before 1 October 2019 includes a work condition that allows you to start a permanent job if you applied for Tier 2 having "successfully completed" your course.

While the Tier 2 rules were amended in January 2018 and April 2019 to allow someone who has not yet "successfully completed" their course to apply for Tier 2 (see section 1 above), the Tier 4 work rules about taking a permanent job were never adjusted accordingly. It means that someone who applies for Tier 2 before getting their results can only work on a temporary basis until their Tier 2 leave is granted. This adds an unfortunate complication to hiring people under Tier 2.

Following some lobbying by international student advisers and UKCISA, the offending Tier 4 work condition will finally be changed from 1 October 2019. If your Tier 4 visa is issued on or after that date, at the end of your course its work conditions will allow you to start a Tier 2 job as soon as you have made the Tier 2 application."
Hi thank you for your message, so it’s saying at the end of your course ie having successfully completed the course you can apply for a tier 2 visa and once you have applied you can then start working. Therefore, in your case provided you complete the course you can apply for a tier 2 at the end of the course and from that point can start working immediately upon applying for tier 2.
I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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