Business Immigration Videos

Date when Video was Published: 01/10/2023

Switching your immigration category from within the United Kingdom is a significant decision and the process can be complicated. In this video, I will take you through and we will explore the various aspects of switching visas in the UK, drawing from the latest information, including the point based system. Switching visas within the UK is not always straightforward. Some immigration routes allow you to remain in the UK under the Immigration Rules by changing your visa category, while others do not. The introduction of Points-Based System (PBS) in 2020 has expanded the opportunities for in country switching, but it's crucial to navigate this process accurately. Applying to switch your visa under a category where switching is not permitted from within the UK can lead to a mandatory refusal. In such cases, you are required to leave the UK and apply for UK Entry Clearance from your country of nationality or usual residence. For many visa routes, it is not possible to switch within the UK if you fall into one of the following categories of being a: - Visitor - Short-term Student - Parent of a Child Student - Seasonal Worker or Domestic Worker For most economic routes, it is possible to switch from any visa, except those mentioned earlier, as long as you meet all other requirements for your desired visa. However, certain categories have stricter criteria. Individuals currently on a student visa can switch to other economic categories, such as spouse and skilled worker. Additionally, the new Graduate route, introduced in July 2021, provides students with the opportunity to extend their stay in the UK and work after completing their studies. It is important to remember that the Graduate route does not lead to settlement, but it offers valuable post-study opportunities. In family categories, switching is possible. For instance, if a partnership ends but there is an ongoing relationship with a child, an applicant who initially entered as a partner can secure an extension as a parent. It is also feasible to obtain permission to stay in the UK based on private life rather than family life, provided specific private life requirements are met. Furthermore, applicants in these categories can now switch to economic categories like Skilled Worker or Innovator from within the UK. The only exception is individuals currently residing in the UK as a parent of a Student Child, who would need to make a fresh overseas application. Under the new system, switching to the Minister of Religion category has become more accessible. Inexperienced religious workers can potentially secure entry clearance as Religious Workers and then switch to the Minister of Religion category from within the UK. This can happen once they are capable of taking on a significant role within their faith-based organization or religious order and have improved their English language skills. Overall as we have discussed, navigating the path of switching visas within the UK is a significant step and it’s crucial to understand the specific rules and conditions that apply to your situation.

Disclaimer

This video content was created on 01/10/2023 to provide an overview of the legal position and the information was correct at the time this video was created. This video has been produced for purposes of generic information and marketing purposes only. While the information on this site is about legal issues, it is not intended as legal advice or as a substitute for the particularised advice of your own legal advisor. Please consult one of our lawyers to provide you with advice and assistance on any matters touched on this video. Viewing of this video does not create legally binding advice and does not create a retainer with Duncan Lewis Solicitors. This video is Copyrighted at Duncan Lewis Solicitors 2023. Any illegal reproduction of this content is prohibited and will result in immediate legal action.