The UK Border Agency (UKBA) has always been very clear and unequivocal about any new immigration rules and policies but confusion can sometimes arise in respect of the effects of new rules/policies  on the current / future circumstances of migrants residing in the UK. This confusion can lead to unwise decisions which can ultimately affect a migrant’s right to stay in the UK.

1.     Switching into TIER 1

a) Tier 1 (General)
Nationals of non – EEA countries may apply to switch into Tier 1 (General) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A highly skilled migrant
• A Tier 1 (Entrepreneur) migrant
• A Tier 1 (Post – Study) migrant
• A Tier 1 (Investor) migrant
• A Tier 2 Migrant
• A participant in the FT: WISS
• A participant in the IGS
• A Business Person
• An Innovator
• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A post graduate doctor or dentist
• A work permit holder
• A self-employed lawyer
• A writer, composer or artist

Please note that no one else is permitted to switch to Tier 1 (General) while remaining in the UK and has to seek entry clearance from the country of  origin.

b) Tier 1 (Entrepreneur)
Nationals of non – EEA countries may apply to switch into Tier 1 (Entrepreneur) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A highly skilled migrant
• A Tier 1 (General) migrant
• A Tier 1 (Investor) migrant
• A Tier 1 (Post – Study) migrant
• A Tier 2 Migrant
• A Business Person
• An Innovator
• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A work permit holder
• A postgraduate doctor or dentist
• A self-employed lawyer
• A writer, composer or artist
• An Investor
• An IGS participant
• A participant of FT:WISS

Please note that no one else is permitted to switch into Tier 1 (Entrepreneur) whilst remaining in the UK and has to seek entry clearance from the country of  origin.

c) Tier 1 (Investor)
Nationals of non – EEA countries may apply to switch into Tier 1 (Investor) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A highly skilled migrant
• A Tier 1 (General) migrant
• A Tier 1 (Entrepreneur) migrant
• A Tier 1 (Post – Study) migrant
• A Tier 2 migrant
• A Business Person
• An Innovator
• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A work permit holder
• A writer, composer or artist
• An Investor

Please note that no one else is permitted to switch to Tier 1 (Investor) while remaining in the UK and has to seek entry clearance from the country of origin.

d) Tier 1 (Post Study Work)
Nationals of non – EEA countries may apply to switch into Tier 1 (Post Study Work) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• A Tier 4 student
• A student/student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A participant in the IGS / FT:WISS

Please note that no one else is permitted to switch to Tier 1 (PSW) while remaining in the UK and has to seek entry clearance from the country of origin.

2. Switching into Tier 2

a) Tier 2 (General)
Nationals of non – EEA countries may apply to switch into Tier 2 (General) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Tier 1 Migrant
• Tier 2 Migrant (Sportsperson)
• Tier 2 Migrant (Minister of Religion)
• Highly Skilled Migrant
• Innovator
• Member of Operational Ground Staff of an overseas owned Airline
• Minister of Religion, Missionary or Member of a Religious Order
• Overseas Qualified Nurse or Midwife
• Participant in Fresh Talent: WISS
• Participant in the IGS
• Person writing up a Thesis
• Post graduate doctor or dentist
• Qualifying work permit holder
• Representative of an overseas newspaper, News Agency or Broadcasting organization
• Tier 4 Student
• Student/Student nurse
• Student Re-sitting an examination
• Student Union Sabbatical Officer

Please note that no one else is permitted to switch to Tier 2 (General) while remaining in the UK and has to seek entry clearance from the country of origin.

b) Tier 2 (Sportsperson)
Nationals of non – EEA countries may apply to switch into Tier 2 (Sportsperson) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Tier 1 Migrant
• Tier 2 Migrant (General)
• Tier 2 Migrant (Minister of Religion)
• Highly Skilled Migrant
• Innovator
• Member of Operational Ground Staff of an overseas owned Airline
• Minister of Religion, Missionary or Member of a Religious Order
• Overseas Qualified Nurse or Midwife
• Participant in Fresh Talent: WISS
• Participant in the IGS
• Person writing up a Thesis
• Post graduate doctor or dentist
• Qualifying work permit holder
• Representative of an overseas newspaper, News Agency or Broadcasting organization
• Tier 4 Student
• Student / student nurse
• Student Re-sitting an examination
• Student Union Sabbatical Officer

Please note that no one else is permitted to switch to Tier 2 (Sportsperson) while remaining in the UK and has to seek entry clearance from the country of  origin.

c) Tier 2 (Minister of Religion)
Nationals of non – EEA countries may apply to switch into Tier 2 (Minister of Religion) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Tier 1 Migrant
• Tier 2 Migrant (Sportsperson)
• Tier 2 Migrant (General)
• Highly Skilled Migrant
• Innovator
• Member of Operational Ground Staff of an overseas owned Airline
• Minister of Religion, Missionary or Member of a Religious Order
• Overseas Qualified Nurse or Midwife
• Participant in Fresh Talent: WISS
• Participant in the IGS
• Person writing up a Thesis
• Post graduate doctor or dentist
• Qualifying work permit holder
• Representative of an overseas newspaper, News Agency or Broadcasting organization
• Tier 4 Student
• Student/ student nurse
• Student Re-sitting an examination
• Student Union Sabbatical Officer

Please note that no one else is permitted to switch to Tier 2 (Minister of Religion) while remaining in the UK and has to seek entry clearance from the country of origin.

d) Tier 2 (Intra Company Transfer)
Nationals of non – EEA countries may apply to switch into Tier 2 (Intra Company Transfer) without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

Only those work permit holders who got entry clearance as an Intra company transferee

Please note that no one else is permitted to switch to Tier 2 (Intra Company Transfer) while remaining in the UK and has to seek entry clearance from the country of origin.

3. Switching Into Tier 5

a) Tier 5 (Youth Mobility)
No one is permitted to switch to Tier 5 (Youth Mobility) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin or where they have been legally residing for more than 6 months if the British Diplomatic post concerned is allowed to accept such applications.

b) Tier 5 (Creative & Sporting) Temporary Workers
Only a sports or entertainer visitor is entitled to apply to switch into the Tier 5 (Temporary worker) Creative and Sporting subcategory, provided they have a valid certificate of sponsorship issued to them before entering the UK. No one else is permitted to switch to this category while remaining in the UK.

c) Tier 5 (Religious Workers) Temporary Workers
No one is permitted to switch to Tier 5 (Religious Workers) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin.

d) Tier 5 (Charity Workers) Temporary Workers
No one is permitted to switch to Tier 5 (Charity workers) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin

e) Tier 5 (Govt. Authorized Exchange) Temporary Workers
No one is permitted to switch to Tier 5 (Govt. Authorized Exchange) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin

f) Tier 5 (International Agreements) Temporary Workers
No one is permitted to switch to Tier 5 (International Agreements) while remaining in the UK. All the prospective applicants can only make such application at the British Diplomatic post in the country of their origin

Please note that switching into or out of Tier 5 (Temporary worker) or between subcategories of Tier 5 (Temporary worker) is not permitted.

4. Switching Into Tier 4 Student

Nationals of non – EEA countries may apply to switch into a student visa without leaving the UK provided they satisfy the specified criteria and have existing leave to remain as:

• Prospective Student/Student/Student nurse/Student Union Sabbatical Officer
• Student Re-sitting an examination  or writing up a thesis
• Work permit holder or Tier 2 migrant
• Tier 1 (Post Study Worker)
• Participant in the IGS
• Participant in the FT:WISS

Please note that NO one else is permitted to switch to the Tier 4 student category while remaining in the UK - that includes the dependants of the above mentioned.

5. Switching into Spouse Visa

a) Spouse of a person present & Settled in the UK
Any person (above 21 years of age) who has initially been given entry clearance or leave to remain in any capacity, for more than 6 months is able to switch to a spouse of a person present and settled in the UK (provided he is already married). If the marriage has not taken place yet, the migrant must have valid leave remaining of more than 3 months (having originally been given leave to remain / entry clearance of over 6 months) in order to seek permission to get married and then make an application to become a dependant of the settled spouse. The only exception to this rule is a person having a fiance visa, who can switch to a spouse visa after getting married in the UK.

Please note that visitors (although they might have visa valid for more than 6 months) are given leave to enter / remain in the UK for only 6 months and they cannot therefore switch into spouse visa whilst remaining in the UK.

b) Spouse of a person having limited leave to remain in the UK (Tier 1, Tier 2, Tier 5 or some other leave allowing dependants to join the migrant)
Spouses of persons having limited leave to remain in some other category are not allowed switching to become a dependant on their spouses having limited leave to remain in the UK. They are required to seek entry clearance from outside the UK in order to enter and join their spouses.

However they can get married in the UK and for that both the parties to the marriage require permission from the UK Border Agency and therefore have to apply for certificates of approval (COA). They must have been given entry clearance / leave to remain for more than 6 months and should still have more than 3 months` valid leave at the time of the COA application. Although the marriage can take place in the UK, if the applicant is not able to switch status in the UK, he / she has to seek entry clearance from the British Diplomatic post in the country of origin.

c) Spouse (Family member) of an EEA national exercising his / her treaty rights in the UK
The switching rules regarding family members of EEA nationals exercising their treaty rights in the UK are more flexible, compared to family members of British citizens or of persons present and settled in the UK. In the light of the recent rulings of the appellate courts, there is no restriction on the non-EEA national of having any sort of leave to remain or entry clearance, to make such an application. People having visitors visas or even having no visa at all, can make an application to the UK Border Agency to obtain family member residence stamp or residence cards in line with the fact that they are married to an EEA national who is exercising EC treaty rights in the UK.

However, great care is required in making such applications, as they can be complex and time-consuming.

6. Switching into Unmarried Partner Visa

a) Unmarried Partner of a person present & Settled in the UK
Any person (above 21 years of age) who has resided for at least 2 years with a person present and settled in the UK in a relationship akin to marriage may apply for leave to remain in the UK as an unmarried partner. It is however necessary for that person to have had valid leave to remain in the UK throughout that time, if the relationship developed in the UK. There are also other relevant requirements inherent in this type of application that must be fulfilled and again it is advisable to seek professional advice when making this sort of application.

b) Unmarried Partners of a person having limited leave to remain in the UK (Tier 1, Tier 2, Tier 5 or some other leave allowing Unmarried Partners to join the migrant)
Unmarried partners of persons having limited leave to remain in some other category are not allowed switching to become a dependant on partners who have limited leave to remain in the UK. They are required to seek entry clearance from outside the UK to enter and join their partners.

c) Unmarried Partners of an EEA national exercising his / her treaty rights in the UK
Any person who has resided together (for minimum 2 years) with an EEA national exercising his / her treaty rights in the UK, in a relationship akin to marriage may apply for Family member residence stamp or residence card as an unmarried partner. The applicant should also have  valid leave to remain but an application can still be made even if the applicant does not have a valid visa, depending on the circumstances of individuals. It is however, strongly advised to seek professional help in making such an application.

What services can we offer?

Switching (Moving) to another immigration category may be very straight forward and may also become very complex depending on the individual`s circumstances and the sponsor`s immigration status. It is therefore strongly advised to seek professional advice and services when seeking to change or vary one’s status inside the UK.

• We can advise on the procedure of making applications on behalf of our clients to switch to the desired immigration category.
• We can assess the applicant `s circumstances, the sponsor`s credentials and advise on the likelihood of getting the application approved.
• We can advise  applicants on the documents/ evidence required for switching and settlement applications.
• We can lodge an appeal in cases of refusal of an application and represent our clients at the AIT.