Tier 2 Visa after previous Tier 4

Hello,

I have just returned back to the states after completing my studies on my Tier 4 Visa. I have a job Opportunity that will be able to sponsor, however I’m confused on some of the logistics.

In the official article for Tier 2 visas, it says that the RLMT is exempt for Tier 4 students/previous students

“They have/ or were last granted permission to stay in the UK as a Tier 4 migrant or student”

Does this mean that because I previously held a Tier 4 Visa as my last permission to stay in the UK, that I would still qualify for this exemption?

You can only qualify for the exemption if you have a valid Tier 4 visa AND you are currently living in the UK AND you are applying to switch from Tier 4 to Tier 2 from WITHIN the UK.

If you have already moved back to the US and/or your Tier 4 has expired, you are not exempt from the RLMT and will now have to pass it in order to be sponsored for a Tier 2 Visa.


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From the RLMT Guidance:

Post-study work
28.8 You do not have to carry out a resident labour market test if a migrant you want to sponsor is already in the UK and is applying to switch into Tier 2 (General) leave and has, or was last granted leave to enter, or to remain in, the UK under one of the following:
• Tier 1 (Post-Study Work)
• Tier 1 (Graduate Entrepreneur)
• the International Graduates Scheme
• the Fresh Talent Working in Scotland Scheme
• the Science and Engineering Graduates Scheme
• where they have, or were last granted, leave as a Tier 4 migrant or as a
student and during their last grant of leave, or a continuous period of leave, that includes their last grant of leave, they have received final results confirming they have either:
o passed and will be (or have been) awarded a UK recognised bachelor’s or master’s degree or
o passed and will be (or have been) awarded a UK Postgraduate Certificate in Education or
o passed and will be (or have been) awarded a Professional Graduate Diploma of Education or
o finished a minimum of 12 months study in the UK towards a UK PhD



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