Help me with the Rules! How to find out whether you can switch from one visa to another? From a Tier 4 to a Spouse, from a Tier 4 to Tier 2 or even from a visitor to a Spouse – it’s all there in the Immigration Rules!

By 1st 4Immigration - #1 UK Immigration Experts -
We call it “The other way around principle’. Do not look on the Rules for a category you’re now in. You’ll find how to switch to your current visa, which you already have. It works “other way around” – look in the Rules of the category you’re looking to switch to. 

Each category has a section called Requirements for a Leave to Remain. Then you’ll see a point saying around the lines “The applicant must have or have been last granted a leave (that’s a term for a visa) as a ….” and the name of the categories which allow to switch. If you find your current visa there then you can switch, if not then not. If there is no section for a Leave to Remain then no one can switch to that category (example is a Tier 5 Youth Mobility Scheme).

Here are some common examples from our practice:

EXAMPLE: Switching from a Tier 4 Student visa to a Tier 2 General sponsored work visa inside the UK. The category you’re switching to is Tier 2 General, so this is where we need to look – Part 6A: https://www.gov.uk/government/publications/immigration-rules-part-6a

In the Tier 2 (General) … we get:

“245HD. Requirements for leave to remain

… (b) the applicant must:

… or (ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as:

(1) a Tier 4 Migrant …”

This is how you know you can switch. However, in this case, if you keep reading you’ll find some extra requirements for students, such as having to complete a degree on the current Tier 4 visa.

“…(d) An applicant under the provisions in (b)(ii) above must meet the following requirements:
(i) The applicant must have completed and passed:

(1) a UK recognised bachelor's or master's degree (not a qualification of equivalent level which is not a degree)…”

So, this is how you know about the extra conditions imposed on such switches. Try to do such an exercise with switching from a Tier 4 to a Tier 1 Entrepreneur visa (won’t be easy because the extra rules aren’t as easily provided but they are still in the Rules!).

OTHER COMMON EXAMPLES INCLUDE – please contact us for an advice session if you need answers:

Can I switch from a Tier 4 visa to a Spouse or Partner visa?

Can I switch from a Tier 2 visa or a Tier 4 visa – to a visa as a Spouse of an EEA citizen? These would be under the EEA Regulations, not under the UK Immigration Rules, and are very different.

Can I switch from a Tier 2 Intra-Company Transfer to some visa which leads to an ILR?

Very popular: Can I switch from a Tier 4 student visa to a Tier 1 visa?

I am finishing my degree on a Tier 4 visa, what options do I have to stay in the UK?

Furthermore, other common questions are also answered by the Rules. For example, does my visa allow to work? Does my visa lead to permanent residency?

For an individual 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 CPD website: www.1st4immigration.com/training

Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you...
Read more

🇬🇧 Spouse vs Fiancée visa: pros and cons

By -
Image
    How are they different? What are advantages of each of them? Our helpful table below gives you the visa options for partners of UK citizens. Spouse visa (including civil partners) Fiancée visa Marital status Have to be married (or get married) and apply for a UK visa as a Spouse. Can come to the UK, get married within 6 months and then apply for a Spouse visa. Where to apply? Can apply outside the UK, in a country where a foreign spouse lives or works (but not visiting). Can switch inside the UK from most categories. Only outside the UK This includes a situation where the current UK visa allows switching to a Spouse visa but the couple has to take the Fiancée route (such as if they need time to meet the Financial Requirement). Duration of the visa 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years. 6 months, then Spouse visa for 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years on Spouse visas only ...
Read more

UK Visas and Immigration plans to go paperless in 2018. If it works, family visas – for spouses, partners, children etc – will be submitted online instead of the current paper forms and supporting documents.

By 1st 4Immigration - #1 UK Immigration Experts -
Image
How do we know? We, 1 st 4Immigration Ltd,   were chosen by the UKVI to take part in a survey to provide a feedback on the upcoming system. We are very honoured! As can be seen on the Home Office letter (pictured), we were selected as one of only approximately 50 firms in the whole country, following the request of the Home Office to the OISC. We had a visit from 2 Home Office officials in November 2017. What a great day and what a productive visit! The officials informed us they had been trying hard to promote the online application process for in-country applications, such as FLR(M) for spouses and partners of UK citizens. The online applications have existed for entry clearance (when applying outside the UK) for many years now. Yet the in-country online application process has so far been relatively unknown and unused. It can be found here: https://visas-immigration.service.gov.uk/product/family-routes At the moment most FLR(M) and FLR(FP) applications ar...
Read more