Change: Tier 4 students
switching to
Tier 2

Tier 4 students and Tier 2 employers will be pleased to have gained clarity from the new immigration rules which took effect on 11 January 2018 in relation to international students wishing to switch into the Tier 2 (General) category.

Previously, the rules and guidance stated that Tier 4 students wishing to take up employment in the UK under a Tier 2 visa would be required to have successfully completed and passed a UK recognised Bachelor’s or Master’s degree, Postgraduate Certificate in Education or Professional Graduate Diploma of Education. Alternatively, they would needed to have completed a minimum of 12 months study in the UK towards a UK PhD during their current period of leave or a period of continuous leave.

When the Statement of Changes was laid down before the House of Commons, the reference to Tier 4 students not needing to have passed their course in the UK appeared to be somewhat vague. However, this was clarified once the new guidance was published.

Under the new guidance, it has now been confirmed that Tier 4 visa holders on non-PhD courses can apply to switch to Tier 2 when they have completed their course (i.e. sat all exams and presented all academic papers) and will no longer have to wait until they have received their final results.

This has been further confirmed by the Home Office which has stated that students need to provide evidence they have sat all their exams and handed in all of their coursework for assessment and that they are merely awaiting their final mark to take advantage of the switching provision.

Further, the Home Office has provided specific advice on the timing of applications. Where a student has completed his/her course but has not yet received their final mark, they are allowed to make their application to switch into Tier 2 as, at this point, they meet the requirement of having “completed” their course. However, if students in receipt of their final mark know that they need to do further work or resit exams in order to achieve their qualification then the requirement to have completed the course has not been met. In short, as long as students have not had confirmation of their mark, they are eligible to switch.

Points to Note for Tier 2 Employers

Although the rules state that students are no longer required to pass their course and present evidence of the qualification, the Home Office has made it clear that employers should assess the expected grades of migrants during interview and selection processes, in order to make certain they are offering roles to candidates who will successfully obtain their qualifications. Care should therefore be taken to ensure that hiring decisions are justifiable on this basis.

Further, when employing a Tier 4 student for a role which specifically requires a degree, should a migrant subsequently fail to obtain their qualification their employment should be terminated to avoid any adverse consequences on the employer’s Sponsor Licence.

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