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

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