What is Switching? And when can a migrant apply inside the UK?

By 1st 4Immigration - #1 UK Immigration Experts -
Switching is not an official term. Switching simply means changing a visa category while inside the UK, ie switching from one to another, such as from a Tier 4 Student to a Tier 2 General; or from Tier 4 to a Spouse visa. Officially it is called ‘applying for a leave to remain in a Tier 2 General category’ or ‘applying for a leave to remain as a Spouse of a UK citizen’. So, we can simply say ‘Switching from a Student visa to a Spouse visa’.
The significance of switching is this: switching means applying inside the UK and it is only allowed if the Rules specifically allow so. If switching is not allowed then the applicant has to return to their country and apply for a visa from there.
Whether a migrant can switch or not is a matter of the Rules. It has nothing to do with an inconvenience of having to travel to one’s country of origin just to make a new application can come back. If the applicant is trying to switch where the Rules don’t allow so then he/she will be refused a visa just because of being at the wrong place (even if all other requirements are perfectly met). 
Common examples when switching is not allowed even though the migrants are desperate to do so:
-          From a Visitor to a Spouse visa.
 
-          From a Tier 1 or 2 visa to a Tier 1/2 Dependant visa.
 
-          From a Tier 4 Student to a Tier 1 Entrepreneur (with exception of having funds from the specified sources which makes it applicable to only a small minority of the students).
 
-          From a Tier 5 Youth Mobility Scheme (working holiday) to a Tier 2 visa.
 
And now common examples when switching is allowed:
 - From a Tier 5 YMS to a Spouse visa.

- From a Tier 4 Student visa to  Tier 2 General subject to specific requirements, such as that the applicant has completed a degree course in the UK.

- From a Tier 1 General to a Tier 2 General if the migrant cannot score enough points for a Tier 1 extension.

- From any visa to an EEA Residence Card.


For more advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training  

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