Switching immigration status

The UK Border Agency has very strict rules on which groups can change their immigration status while in the UK.

Switching into Tier 1 (Exceptional Talent)

It is not possible to switch into Tier 1 (Exceptional Talent) from within the UK. Applicants must return to their resident country to make an application.

Switching out of Tier 1 (Exceptional Talent)

The UK Border Agency is yet to release this information.

Switching into Tier 1 (Highly Skilled Worker)

The Tier 1 (Highly Skilled Worker) route will close with effect from 6 April 2011. However, those who already hold Tier 1 (GHighly Skilled Worker) visas may continue to extend their leave to remain in the UK under this route, from within the UK.

Switching out of Tier 1 (Highly Skilled Worker)

Migrants holding a Tier 1 (Highly Skilled Worker) visa may switch into one of the following categories whilst remaining in the UK as long as they do so before their existing visa expires:

  • Tier 4;
  • Tier 2;
  • EEA family permit;
  • indefinite leave to remain.

Migrants holding a Tier 1 (Highly Skilled Worker) visa may not switch to a Tier 5, dependant, tourist visitor, business visitor or academic visitor visa without returning to their resident country to make an application.

Switching into Tier 1 (Post-Study Worker)

Only the following may apply to switch into Tier 1 (Post-Study Worker) status whilst remaining in the UK but must do so before their existing visa expires:

  • student;
  • Tier 4 migrant;
  • student nurse;
  • student re-sitting an examination;
  • person writing up a thesis.

Switching out of Tier 1 (Post-Study Worker)

Migrants holding a Tier 1 (Post-Study Worker) visa may switch into one of the following categories whilst remaining in the UK as long as they do so before their existing visa expires:

  • Tier 4;
  • Tier 2;
  • EEA family permit.

Migrants holding a Tier 1 (Post-Study Worker) visa may not switch to a Tier 5, dependant, tourist visitor, business visitor or academic visitor visa without returning to their resident country to make an application.

Switching into Tier 2 (General)

Only the following may apply to switch into Tier 2 (General) employment without leaving the UK:

  • Tier 1 (highly-silled worker);
  • Tier 1 (post-study worker);
  • Tier 4 migrant;
  • student;
  • dependant partners of student visa holders;
  • student nurse, but only if your certificate of sponsorship shows that you are being sponsored to work as a nurse, doctor, or dentist;
  • student re-sitting an examination;
  • person writing up a thesis;
  • overseas qualified nurse or midwife;
  • postgraduate doctor or dentist, but only if your certificate of sponsorship shows that you have been sponsored to work as a nurse, doctor or dentist;
  • student union sabbatical officer;
  • qualifying work permit holder;
  • Highly Skilled Migrant;
  • a participant in the International Graduate Scheme (formerly known as the Science and Engineering Graduate Scheme);

If the migrant is not in any of these categories, they must leave the United Kingdom and make a new visa application at their local entry clearance post in their resident country.

Migrants switching from a post-study worker category (IGS or Tier 1 of the points-based system) must have worked in the job they have now for at least six months in order to switch into Tier 2 without having to meet the full points requirements. If they have not worked for the University for at least six months then we will have to meet the resident labour market test (i.e. to advertise the post).

Dependants of work permit holders or students, tourist visitors, or academic visitors may not switch into Tier 2 employment without leaving the UK.

Switching out of Tier 2 (General)

Migrants holding a Tier 2 visa may switch into one of the following categories whilst remaining in the UK as long as they do so before their existing visa expires:

  • Tier 1 (post-study worker);
  • Tier 4;
  • EEA family permit;
  • indefinite leave to remain.

Migrants holding a Tier 2 visa may not switch to a Tier 5, dependant, tourist visitor, business visitor or academic visitor visa without returning to their resident country to make an application.

Switching into Tier 5 (Government Authorised Exchange)

Switching into Tier 5 (Government Authorised Exchange) from any other immigration category is not permitted whilst in the UK. Migrants wishing to switch into the Tier 5 (Government Authorised Exchange) category must return to their resident country and make a new visa application.

Switching out of Tier 5 (Government Authorised Exchange)

Switching out of Tier 5 (Government Authorised Exchange) into any other immigration category is not permitted whilst in the UK. Migrants wishing to switch out of the Tier 5 (Government Authorised Exchange) category must return to their resident country and make a new visa application.