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Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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Dear Legal Personnel, I have

Customer Question

Dear Legal Personnel,
I have studied for the last 4 years in the uk and graduated last july with a masters degree in investment management. After I graduated I applied for the Tier 1 Post Study Work Visa and I received it around late September/early October but after that I had to get my national insurance number which I still haven't received as yet although I was given a letter until the number was sent but the waiting period for that has elapsed.
In late December I was feeling very ill and I returned home in Barbados to seek medical assistance. I have been here now for about 2 months and I'm slowly getting back to full health so i got my ticket extended to the 1st of march. Recently however I have been offered a job by the central bank of barbados and I was wondering if I was to work here for 3 months, if that would affect me when i look to switch into a different category next year to extend my stay and also when i look to apply for indefinite stay when I have stayed in the UK for the relevant amount of time. Hope you can help me out here, would really appreciate it.
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 4 years ago.

Awan-Legal : Hi
Awan-Legal : The post study worker route will not count towards your length of period in the UK when applying for indefinite leave to remain unfortunately. It was brought in as a transitional visa for students to work for two years after their degree etc or until they can get skilled work under tier 2.
Awan-Legal : There is no time limit on the length of time you can remain outside the UK and practically the job offer may even help you find skilled work under tier 2 in the future, hopefully. If you have been out of the UK for some time though, a border force officer might want to check that you are still working or looking for work in the UK (in your case) and you should be ready to provide evidence if possible that this is the case.
Awan-Legal : This can be through job applications in the UK or making an appointment for an ni number for when you get back.
Awan-Legal : You can re-enter at any time while your visa is still valid.
Awan-Legal : The Ukba website confirms:
Awan-Legal : If your application is successful, you will be granted two years leave to remain in the UK during which time you will be free to seek employment without having a licenced sponsor.You will be able to apply to switch from Tier 1 (Post Study Work) to Tier 1 General, Investor or Entrepreneur, Tier 2, or Tier 4. However please note, time spent in the UK in the Tier 1 (Post Study Work) category does not count towards the qualifying period for Indefinite Leave to Remain.Tier 1 (Post Study Work) - IGS - Transitional Arrangement
Awan-Legal : I hope that helps. Please click accept on my answer and let me know if you have any further questions.

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