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Message: <blockquote data-quote="ameliatang" data-source="post: 178926" data-attributes="member: 10117">Hi,I hope you can see this message. I am an international student in the same situation studying at ULaw. I was supposed to start in August this year but the ULaw LLM course runs until October. Earlier this week my firm notified me of the law changes and said that I need to defer by 6 months. I am similarly disheartened as it is extremely difficult for me to work out a way to support myself financially, given such short notice to defer. I also raised ST26.6 to my firm, but they replied saying that they are concerned that ST 26.6(c) means that my student visa and its work conditions remain in place until the outcome of the SWV application. Therefore, as soon as a decision on the SWV has been made, which may well be before the course ending date, ST 26.6 ceases to take effect as I will immediately be switched to the SWV. They said that I will no longer be able to work as my rights will then be based on the SWV. However, I found that the SWV allows you to start earlier than planned in the guidance for Skilled worker sponsor employers, paragraph S3.13:S3.13. A worker can start working in their sponsored employment as soon as they have permission to enter or stay in the UK, even if this is before the start date recorded on their CoS. You do not have tell us if the worker’s start date has been brought forward after they have been granted permission.<a href="https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-2-sponsor-a-worker" target="_blank">https://www.gov.uk/government/publications/workers-and-temporary-workers-guidance-for-sponsors-part-2-sponsor-a-worker</a>I think that firms should be able to issue a Certificate of Sponsorship (CoS) with a start date of no earlier than the ULaw course ending date, which you then use to apply for a SWV. This application will allow the exception at ST26.6 to start a full-time job on the Student visa up to 3 months before the end of the course. By allowing full-time job, ST26.6 would mean that the normal 20-hour per week limitation does not apply. The student visa and its work conditions remain in place until the outcome of the SWV application. As soon as a decision has been made on the SWV, you can start sponsored employment, even if before the start date on the CoS according to S3.13.  The immigration rule changes that the employment start date for the CoS cannot be earlier than the end date of the course, but the date on the CoS is the sponsored employment start date, not your actual start date at the firm - in the overlapping period you are not doing sponsored employment as your rights are based on the Student visa under ST 26.6. I hope this helps as I understand how frustrating this is. Best of luck and I hope this issue is resolved.</blockquote>

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