My tier 4 is about to expire, which visa should I get to stay longer?

I'm about to finish my degree in a couple weeks, and my tier 4 visa is about to expire. I'm trying to stay and continue interning with the company that I'm with for a few more months. My boss suggested to get a regular tourist visa, but I'm not sure if I can apply for one while I'm still in the country with an expired visa.

Should I apply for a visa through this route or should I go through BUNAC for a tier 5?

A tourist visa will not allow you to work/intern for your company.  Are you a US citizen?  BUNAC is not available to you if you are. 

I'm about to finish my degree in a couple weeks, and my tier 4 visa is about to expire. I'm trying to stay and continue interning with the company that I'm with for a few more months. My boss suggested to get a regular tourist visa, but I'm not sure if I can apply for one while I'm still in the country with an expired visa.

Should I apply for a visa through this route or should I go through BUNAC for a tier 5?

http://www.bunac.org/usa/interninbritain/Default.aspx

But it's only up to six months

That's what he said, but he would allow me to intern regardless of how I obtain a visa. If I were to overstay my current visa without getting another one what risks do I run if I avoid police contact?

As for BUNAC, are you sure its not open to US citizens? Their website seems to imply it is, and a BUNAC rep is coming to my school next week to talk about the program.

http://www.bunac.org/usa/interninbritain/Default.aspx [nofollow]

But it's only up to six months

That would be fine by me.

Firstly, you cannot stay in the UK with an expired visa, unless you have already submitted a new visa application before the old visa expires.

Secondly, you cannot apply for a visitor visa while in the UK.

Thirdly, it would be illegal for you to intern with the company while on a visitor visa anyway, so there isn't much point in applying for one.

Unfortunately, as you cannot apply for a Tier 5 BUNAC visa from inside the UK either, it looks like you are going to have to leave the UK before your visa expires and then apply for a new visa from the US (although you would have to check if you qualify for the BUNAC visa as there are specific requirements and funds you must have for one).

The only way you would be able to get a new visa without leaving the UK is if you are getting an extension to your Tier 4 visa for a new course (and apply before your current visa expires), or if you qualify for and apply for a Tier 2 Sponsored work visa before your current visa expires. However, if your visa expires soon, it's very unlikely you would be able to sort out and apply for one of these visas before the expiry date.

Are you a US citizen?  BUNAC is not available to you if you are.  

Yes it is - the 6-month BUNAC Intern in Britain scheme is kind of specifically for US citizens and citizens of other countries who cannot qualify for the 2-year Tier 5 Youth Mobility Scheme.

That's what he said, but he would allow me to intern regardless of how I obtain a visa. If I were to overstay my current visa without getting another one what risks do I run if I avoid police contact?

If you overstayed your visa, you would be an illegal immigrant in the UK and you would face a 10-year ban from the UK if you left and then tried to return later. You also may not be able to qualify for another visa in the future.

Also, your employer would be breaking the law by hiring you and would face a fine of £10,000 for employing an illegal worker.

If you overstayed your visa, you would be an illegal immigrant in the UK and you would face a 10-year ban from the UK if you left and then tried to return later. You also may not be able to qualify for another visa in the future.

Also, your employer would be breaking the law by hiring you and would face a fine of £10,000 for employing an illegal worker.

My boss seemed to be aware that it was illegal. Would I be hit with a ban once I left the UK or only if I get arrested for whatever reason?

As for BUNAC, are you sure its not open to US citizens? Their website seems to imply it is, and a BUNAC rep is coming to my school next week to talk about the program.

So sorry - I was thinking of the youth mobility visa.

My boss seemed to be aware that it was illegal. Would I be hit with a ban once I left the UK or only if I get arrested for whatever reason?

It's hard to say what would happen. You can't be sure. But it's definitely not a good idea.

My boss seemed to be aware that it was illegal. Would I be hit with a ban once I left the UK or only if I get arrested for whatever reason?

It sounds like you're considering avoiding the proper migration routes, but as stated previously, I agree that there are some big flaws in your plan if you intend to remain in the UK on an expired visa.  I'm not saying you will be arrested, but there's a difference between being oblivious and knowingly breaking the immigration laws in place. 

But, if you meet the criteria for a Tier 2 visa, you can switch from a Tier 4 Student Visa:

If you are switching from Tier 4 or the former categories of student, student nurse, student re-sitting an examination or student union sabbatical officer, you must have current permission to stay in the UK and, during that permission to stay, you must have lawfully obtained a UK degree, postgraduate certificate in education or professional graduate diploma of education. You must have obtained one of the named qualifications. They do not include, for example, vocational qualifications at degree level which are not degrees.

You would need to show the following:
1.you have £900 in personal savings, which has been in your bank account for a continuous 90-day period ending no more than 31 days before the date of your application; or
2.your sponsor has an A rating and has confirmed in your certificate of sponsorship that it will maintain and accommodate you (to a level of £800 or more) until the end of your first month of employment in the UK if required.

However, if your boss is willing to knowingly allow you to work for him illegally, well, it doesn't sound like the type of place that would have an A-rating for visa sponsorship...

It sounds like you're considering avoiding the proper migration routes, but as stated previously, I agree that there are some big flaws in your plan if you intend to remain in the UK on an expired visa.  I'm not saying you will be arrested, but there's a difference between being oblivious and knowingly breaking the immigration laws in place. 

But, if you meet the criteria for a Tier 2 visa, you can switch from a Tier 4 Student Visa:

You would need to show the following:
1.you have £900 in personal savings, which has been in your bank account for a continuous 90-day period ending no more than 31 days before the date of your application; or
2.your sponsor has an A rating and has confirmed in your certificate of sponsorship that it will maintain and accommodate you (to a level of £800 or more) until the end of your first month of employment in the UK if required.

However, if your boss is willing to knowingly allow you to work for him illegally, well, it doesn't sound like the type of place that would have an A-rating for visa sponsorship...

Is there anyway I can get a tourist visa while still in the UK?

Is there anyway I can get a tourist visa while still in the UK?

No, there is no way. Tourist visas are only issued outside the UK and you can only apply for one in the country you are resident in, so you would have to return to the US to get one (and if you are doing that, then you might as well just apply for the Tier 5 BUNAC visa to work in the UK legally).

Really, if you aren't going to be able to qualify and apply for another Tier 4 or a Tier 2 Sponsored work visa before your current visa expires, you have no legal option but to leave the UK before your visa expires.

If you wish to get a Tier 5 BUNAC Intern visa or a visitor visa, then you must return to the US to apply for it. There is no other way to get one.

Really, if you aren't going to be able to qualify and apply for another Tier 4 or a Tier 2 Sponsored work visa before your current visa expires, you have no legal option but to leave the UK before your visa expires.

TBH, it sounds like both OP and their employer think the law does not apply to them!