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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi,Am applying for a Tier 4 Visa and I already hold Tier

Customer Question

Hi, Am applying for a Tier 4 Visa and I already hold Tier 2 Visa and would like to get it converted. I would like to check my immigration history how would I obtain it please?


How long usually does it takes for the Tier 4 to Tier2 Conversion if am applying from UK?


Am in the probation period at my work during apply of Tier 4 Visa Does any documents needs to be provided from Tier 2 Sponsors as they are my initial sponsor.


My Tier 2 Visa is valid till Jan 20 2014 and, I would like to have my Tier 4 Visa from Oct 2013 and for any period before Oct 2013 would my Tier 2 Visa still holds good and can I stay here?

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid here is no immigration history record that you can obtain. The UKBA are not there to provide you with that, they are simply there to check applications that you send to them.

You are permitted to switch from your Tier 2 visa to a Tier 4 general visa. Please refer to the link that bottom of of the following page titled “Can you switch into the Tier 4 (General) student category? For confirmation.
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/applying-inside-uk/

You are allowed to switch provided that you meet the immigration eligibility criteria for a Tier 4 visa here:
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/can-you-apply/

You must also have complied with the conditions of your current visa, which is to say that you must not have breached any of the immigration rules. Provided you have remained employed by the same licensed sponsor that the UKBA is aware of then you should be fine.
You will still be able to switch even though you are in the probation period of your employment. You must remain employed by them right up to the moment you submit your application.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.


Hi,


 


Thanks for replying. I would like to make sure that there are no warnings issued or any kind of immigration issues on my visa history of current stay as I suppose these questions will be asked for my Tier 4 VISA application. I would like to make sure am clean and good. So please suggest how can I do that?

Expert:  Thomas replied 1 year ago.
Hi,

As I have said above, there is no way to check this directly with the UKBA. It's not a service that they offer.

It is for you to consider your immigration history from when you entered the UK. This means that you must have observed the terms of your current visa, which essentially means that you have been employed in the job role and for the employer that sponsored you for your Tier 2 visa.

Provided you have done this then you will almost certainly have been regarded as observing the terms of your tier 2 visa, provided that you have had continuous leave to remain with no gaps between any original visa(s) and any extensions that you have applied for.

Additionally, you should also consider your criminal record. If you do not have any convictions or cautions then this is also not likely to cause a problem.

Assuming these two aspects do not cause a problem and you have not breached immigration law in any other countries then you should be fine.

Please remember to rate my answer.

Kind regards

Tom
Customer: replied 1 year ago.

Hi Tom,


 


Thanks, XXXXX XXXXX day I was under alcohol and was driven back to home by the police. Am sure I was not involved in any crime, but wanted to check if I was given any caution/warning as I do not remeber much about the things happened in detail. I understand UKBA doesn't provide this details. Is there a way I can check these records possible with local Police Station or any means of Online application etc. If I had given with warning etc would that affect my Tier 4 VISA

Expert:  Thomas replied 1 year ago.
Hi,

If were simply driven home then it’s not likely that you received a caution for this. You would know if you had been arrested for drunk and disorderly because you would have spent time in the cells to sober you up and then they would have given you a caution.

You can check by carrying out an enhanced CRB check .If you google this there should be a number of providers.


Please rate my answer.


Tom
Customer: replied 1 year ago.

Thanks,


 


Am sure I was not taken to the police station and was just driven back to my home and they have blocked my card for couple of days for my safety and I have not recieved any kind of communication regarding this. Would my record be in Police and does this affects my Tier 4 VISA application.


Is it necessary to procure this details during my Tier 4 VISA apllication

Expert:  Thomas replied 1 year ago.
Hi,

It would not affect your application at all if you did not even receive a caution (it does not sound like you did) - you need an enhanced CRB check to find this out.

Even if you did receive one caution then it is not likely to affect the application provided that you told them about it and explained your situation at the time.

Please rate my answer.

Tom
Customer: replied 1 year ago.

Thanks,


 


Apologies for reitirating the same thing again.


 


I have read the document and found below


 


The police may issue you with a formal warning if they believe you have
committed a minor offence. If a police offi cer takes your name and
address this might mean they will make a formal record of the warning
on a database. A police warning is only recorded locally, not on the
police national computer, however this local record could remain on
the database indefi nitely. A warning would not normally show up on a
Criminal Records Bureau (CRB) check, but may be disclosed on an
enhanced CRB check as it asks the police about local information held
on you. For more information on disclosures see the Galop fact sheet
on Sexual Offences and CRB check.


 


Just to confirm if a Warning is issued would I have been given any paper work or is it just it will be in the record and I would have not issued any communication.


 


As you mentioned, I understand enhanced CRB check would reveal it

Expert:  Thomas replied 1 year ago.
Hi,

You would have received paperwork.

Even if you did I would still not expect it to cause too much of a problem.

I have to go out for a couple of hours now. Please rate my answer.


Tom
Customer: replied 1 year ago.

Thanks,


 


I haven't recieved any kind of paper work, I hope my application goes well.


On an average how much time it would take for my visa if am applying within the UK for Tier 4

Customer: replied 1 year ago.

Hi Graham,


Could you please let me know can I be able to apply for Tier 4 Visa from India by staying in UK or from Indian embassy in UK

Expert:  Thomas replied 1 year ago.
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