Employers, starting work
Last modified: 05 October 2015
If you have successfully completed a degree-level course at
a recognised body or an institution in receipt of public funding as a
higher education institution (check with your Tier 4 sponsor if it meets
one of these requirements), and you apply under Tier 2 before your Tier
4 immigration permission expires, the Immigration Rules allow you to
start your Tier 2 job after you have applied for Tier 2 leave, even if
the Home Office has not yet decided your application. This allows
you to start a full-time permanent job, which is usually not allowed
before your Tier 2 leave is granted. This provision came into effect on 6
April 2012 as a result of a change to the Tier 4 work conditions.
Note that you must have completed a degree-level course. If
you are applying after 12 months of study towards a PhD, but before you have been awarded it, you cannot rely on
this provision unless you have previously completed a degree-level
course in the UK.
You should discuss this with your Tier 2 sponsor before
starting a full-time permanent job. Even if you could start your Tier 2
job before your immigration permission is granted, your employer might
not want you to do this as it could lead to problems if your Tier 2
application is not successful. Your employer will let you know when you
can start your job.
If you are not able to start your Tier 2 job until the Home Office grants your Tier 2 immigration permission, and you apply
before your previous leave expires, you remain subject to the conditions
of your previous leave while you wait for a decision. If you are a
student, you should check our information about working during your
studies for what this means for you. You cannot start a permanent
full-time job or work as a professional sportsperson or entertainer.