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)

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

  • Tier 2 migrant;
  • Tier 5 (Government Authorised Exchange - Sponsored Researcher);

If the migrant is not in either of these categories they must leave the United Kingdom and 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 was closed with effect from 6 April 2011. However, those who already hold Tier 1 (Highly 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)

The Tier 1 (Post-Study Worker) route was closed with effect from 6 April 2012. Those who already hold Tier 1 (Post-Study Worker) visas will need to switch out of this category into a permitted category (see below) before their visa expires.

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 migrant;
  • 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.

The resident labour market test (advertising requirements) will not need to be met for migrants switching into Tier 2 (General) from within the UK who hold either a Tier 4/ student visa (and have successfully completed and passed a UK recognised bachelor or postgraduate degree or completed a minimum of 12 months study in the UK towards a UK PhD during their current period of leave or a period of continuous leave which includes the last grant of leave), or a Tier 1 (Post-Study Worker) visa.

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 (Exceptional Talent);
  • 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)

Migrants holding a Tier 5 (Government Authorised Exchange - Sponsored Researcher) visa may switch into the following category whilst remaining in the UK as long as they do so before their existing visa expires:

  • Tier 1 (Exceptional Talent)

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