What is switching

Switching means to allow a non EEA national, who is already in UK with a valid and legal leave to remain, to change his immigration status from one category to another.

Background of the switching rules

The Home Office introduced the switching rules in October 2004 and prior to that all visitors, students etc. were allowed to change their immigration status without leaving the United Kingdom.

Immigration always have been hot issue in the British politics and after a grave concern of the British public and politician the Home Office introduced these switching rules to discourage the visitors and to make the process more transparent. The important purpose of these switching rules was to stop the visitors from jumping the immigration queue.

The detail of different categories, who are allowed to switch in country, is as below:

1. Switching into Work Permit

Nationals of non - EEA countries may apply to switch into work permit employment without leaving the UK provided they satisfy the work permits criteria and have existing leave to remain as:

1. A student and have successfully graduated at a UK higher or further education institute;
   A student must obtain a UK level degree before applying for a work permit. A certificate or diploma will not be sufficient enough for this purpose.
2. A post graduate Doctor or dentist or trainee general practitioner;
3. A student nurse;
4. A working holidaymaker who has been in the UK at least 12 months;
   A working Holiday maker may now only switch into Work Permit employment, if the occupation is on the published list of designated shortage occupations maintained by Work Permits (UK). Therefore one has to take a look at the designated shortage occupations list being published by the Home Office Work Permits (UK) on its website, before applying for a work permit.
5. A participant on the Science and Engineering Graduate Scheme;
6. A highly skilled Migrant;
7. An Innovator
8. Fresh Talent: Working in Scotland scheme participant who holds a valid in-country work permit approval for employment in Scotland.

2. Switching into Highly Skilled Migrant Programme

Nationals of non - EEA countries may apply to switch into the HSMP Category without leaving the UK provided they satisfy the HSMP criteria and have existing leave to remain as:

1. Work Permit Holders ( Which excludes Training and Work Experience and the Sectors Based Scheme)
2. Students who have obtained a degree qualification during heir current period of leave in the UK
   Similar to the requirement of switching into work permit, a student must obtain a UK level degree before applying for a work permit. A certificate or diploma will not be sufficient enough for this purpose as well.
3. Postgraduate doctors, dentists and trainee general practitioners
4. Science and engineering Graduates Scheme Participants
5. Working Holiday Makers
   There is no such requirement of residing in the UK for more than 12 months to apply for HSMP as there is one, in order to apply for work permit. A person can apply for HSMP the very next day of his arrival in the UK.
6. Innovators
7. Fresh Talent: Working in Scotland scheme participant who holds a valid in-country work permit approval for employment in Scotland.

3. Switching Into Spouse Visa

Since 01^st of February 2005 the Home Office has introduced new marriage rules. All persons who are subject to the Immigration control need to apply for a Certificate of Approval. To qualify for the certificate of approval from the Home Office, you must have been granted leave to enter or leave to remain for more than six months from the date that you were admitted into the UK and three months of that leave must still remain.

Therefore you will not qualify if:

• you were granted six months or less leave to enter or remain in the UK since you were admitted on this occasion; or
• you have less than three months of that leave remaining.

The certificate of approval is not a grant of further leave to remain in the UK. The certificate only allows you to give notice to marry to a registrar. You need to seek variation of leave to remain once you successfully get married in the UK.

This means that the persons having leave to remain in the following categories can switch into spouse visas provided they fulfil the conditions mentioned above:

1. Students
2. Work Permit Holders
3. TWES Work Permit Holders
4. SBS Work Permit Holders
5. Highly Skilled Migrants
6. Working Holiday Makers
7. Fresh Talent: Working in Scotland scheme participant
8. A participant on the Science and Engineering Graduate Scheme
9. Domestic Workers; etc.

The above is just a few immigration categories who are allowed to switch into spouse visas however there is a long list of categories where leave to enter is given longer than 6 months and variation of leave to remain is possible.

4. Switching into the innovators category

Nationals of non - EEA countries may apply to switch into the innovators Category without leaving the UK provided they satisfy the innovators criteria and have existing leave to remain as:

• Student who has successfully obtained a degree level qualification at a UK higher or further educational institution.
• Work permit holder.
• Working holidaymaker.
• Science and Engineering Graduate Scheme (SEGS) participant.
• Highly skilled migrant (HSMP Holder)
• Person intending to establish themselves or remain in business
• Fresh Talent: Working in Scotland scheme participant.

5. Switching into training or work experience (TWES) category

Nationals of non - EEA countries may apply to switch into the training & work experience (TWES) category without leaving the UK provided they satisfy the TWES criteria and have existing leave to remain as a student.

6. Switching into the seasonal agricultural workers and sectors-based schemes (SBS)

Switching into the Seasonal Agricultural Workers and Sectors-Based Schemes is not allowed.

7. Switching into the business category

Nationals of non - EEA countries may apply to switch into the business category without leaving the UK provided they satisfy the criteria of above mentioned category and have existing leave to remain as:

• Highly skilled migrant.
• Science and Engineering Graduates Scheme (SEGS) participant.
• Innovator.
• Work permit holder.
• Student who has successfully obtained a degree level qualification at a UK higher or further educational institution.
• Working holidaymaker who has spent more than 12 months in total in the UK.
• Fresh Talent: Working in Scotland scheme participant.

8. Switching into the retired persons of independent means category

Nationals of non - EEA countries may apply to switch into this above mentioned category, without leaving the UK, provided they satisfy the criteria of this scheme and have existing leave to remain as:

• Highly Skilled Migrant.
• Work permit holder.
• Person already in UK under business category.
• Innovator.

9. Switching into the investors category

Nationals of non - EEA countries may apply to switch into the investors category, without leaving the UK, provided they satisfy the criteria of above mentioned scheme and have existing leave to remain as:

• Highly Skilled Migrant.
• Work permit holder.
• Person already in UK under business category.
• Innovator.
• Student who has successfully obtained a degree level qualification at a UK higher or further educational institution.

Please note that it is not an exhaustive list and if you need more information bout switching, please feel free to contact us.