Main is main, dependent is dependent: these are 2 different visa types! You can switch from a main visa to a dependent visa inside the UK but can’t switch from ‘dependent’ to ‘main’.

By 1st 4Immigration - #1 UK Immigration Experts -
One of the common mistakes migrants do, from our experience, is confusing the main visa with a dependent visa. For example, one spouse is on a Tier 2 (General) visa (that’s the main one) and the other spouse is on a Tier 2 Dependant visa (that’s a dependent visa). The visa ‘depends’ on someone else’s visa, so a Tier 2 Partner visa depends on the main Tier 2 visa.

These are 2 totally separate categories: main is main, dependent is dependent. They can’t be combined when calculating qualifying period for Indefinite Leave to Remain (ILR, permanent residency) except for  10 years Long Residence which can be based on any type of visa.

Most importantly, this matters to switching rules, ie applying to change your status inside the UK, rather than having to apply from outside the UK.

You can switch from a main visa to a dependent visa inside the UK, such as from the main Tier 2 General to a Tier 2 Partner, from the main Tier 1 visa to a Tier 1 Partner. Actually, it would be the same ‘partner’ visa in both cases, called PBS Dependant, whether it ‘depends’ on a Tier 1 or 2 main visa.

You cannot switch other way around, ie can’t switch from a dependent visa to a main one. The only exception is if you are switching from a Tier 4 Dependant visa (ie ‘depends’ on a Tier 4 student migrant) and even then with some condition. The only way to ‘switch’ is to return to your country and apply from there, ie apply for entry clearance.

We are often asked to point to the rules, which would say the above. The Immigration Rules don’t say it in that way, this is our explanation of the Rules, an explanation in plain language. the Rules say it in the legal language. So, if you’re trying to switch to a Tier 2 (General) category, the Tier 2 rules will say which visa types allow such a switch, so anyone with a visa from that list can switch.

The Rules for dependants are different, they say who can’t switch, so anyone not on the list can switch. Sounds confusing? Book our advise session now and we will help!

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit  http://www.1st4immigration.com/index.php

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training We have a weekend OISC Level 1 course every month, a Saturday Points-Based System course every month and we also have online training courses, including Online OISC Level 1 course and courses focusing on the British Citizenship and Spouse/Partner visas. All our training courses are CPD-accredited with CPD credit accepted by  OISC. 

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