🇬🇧 Can you change a visa without leaving the UK?
Changing from one UK visa type to another is one of the most popular subjects in our immigration work. It is what we call ‘switching', ie changing without leaving the UK.
Normally, the answer lies in the Immigration Rules for the category you are switching into. For example, until December 2020 the work visa rules didn’t allow switching from most categories. Now, however, it is possible to change from almost (but not all) every UK visa under the post-Brexit Points Based Immigration System.
Other useful examples:
If you have a Visitor visa, you cannot, normally, switch to a Skilled Worker or a family visa. However, at the moment, it may be possible to do so under Covid-19 concessions, albeit in limited circumstances. You still have to meet the rules, such as having a Sponsor for a work visa, or meeting the Financial Requirement £18,600 for a visa as a spouse/partner of a British citizen, but may be able to secure your status without leaving the UK. The latest Covid-19 policies can be found here.
If you have a Student visa (or its predecessor Tier 4), you can switch to a Work visa or Spouse/Partner visa. Work visas include the new Graduate route from 1 July 2021, it’s a return of the old Post-Study Work visa and more can be found here.
If you have a Work visa, you can switch to a Spouse/Partner visa. A popular switch because the latter doesn’t tie you to a job and you can work for any employer (but ties to your relationship). If you have a Graduate visa, it’s a good to switch to Spouse/Partner status ASAP because you could start the 5-year route to settlement. And you can switch other way around, from Spouse/Partner to a Worker, a useful option if the marriage has broken down but there’s a willing employer to sponsor you. This wasn’t possible before December 2020.
You can also switch from Tier 2 Intra-Company Transfer to the ‘main' Skilled Worker category. This is a long-awaited solution for ICT migrants who, in the past, couldn’t remain in the country beyond 5 years and couldn’t qualify for settlement.
If you have a Tier 5 YMS visa, you can switch to a Work visa (wasn’t possible until 2021), or go down the well-established route of a Spouse/Partner visa. For many, Tier 5 is another category that gives unmarried partners times to meet the “living together for 2 years” requirement.
Generally, the rules on switching to a Skilled Worker visa can be found here in the Immigration Rules, under Validity and Suitability.
To discuss your options please book a consultation here. We offer advice over WhatsApp, Zoom, Skype, phone or email.
1st 4Immigration is one of the most experienced UK immigration law companies, OISC - accredited at the highest Level 3. We have been in business for over 10 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN.
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