EXM4(f) to Tier 2

Hello,

I am a non-EU citizen and I am currently employed based on an exempt vignette EXM4(f) (provided by my employer who qualify as international organisations and diplomacy missions) and am currently switching to Tier 2 visa. The information on the home office website regarding whether I should switch to Tier 2 in my case within or outside the UK is quite...confusing to tell the least. One of the points when a person cannot switch to Tier 2 says "if you were given permission to stay outside immigration rules, for example based on compassionate grounds". The link leads to the LOTR document (Leave outside the Immigration Rules). Upon reading, it seems that it is not the exempt vignette situation: https://assets.publishing.service.gov.u ... _Rules.pdf. At the same time, I am not sure whether I am eligible to apply in the UK, because technically, I currently stay from immigration control. In short, I would like to know whether I should apply inside or outside the UK. If this helps this case, before my exempt vignette, I was holding a Tier 4 visa and my brp was previously collected.

I contacted the gov.uk service, and I was asked to consult with the local citizens adviser on my case. None of the local citizens advisers were able to provide a concrete reply and sent me to the legal solicitors. I find it appalling and scandalous that a person is expected to pay 150-300 pounds to get information that should have been made clear and explicit in the first place and that classifies as a set of common rules and requirements, this is the same as asking the person to seek legal advice to find out as a set of required documents.

Thanks

lear wrote: ↑

Thu Aug 11, 2022 2:49 pm

I would like to know whether I should apply inside or outside the UK.

As the holder of the exempt vignette you are exempt from immigration control but this doesn't mean that you have leave outside the rules.

You are eligible to apply in-country for Skilled Worker permission. Refer to immigration rule SW 1.5 to see who is not eligible

Just to update, in case someone is looking for a similar question: I have a reply form the home office:

"A person who applies for leave while still exempt should be told that there is no power to grant them leave but that if they apply when they cease to be exempt their application will be considered. "

This means, people cannot "switch" to a new visa while their exempt vignette holds. If they wish to apply before the expiration date, they must do so abroad. Everyone with exempt vignette are deemed to be granted 90 days after their vignette expires (as per 1971 act), during which they can apply for a new visa in the UK.

lear wrote: ↑

Tue Sep 20, 2022 3:20 pm

Just to update, in case someone is looking for a similar question: I have a reply form the home office:

"A person who applies for leave while still exempt should be told that there is no power to grant them leave but that if they apply when they cease to be exempt their application will be considered. "

This means, people cannot "switch" to a new visa while their exempt vignette holds. If they wish to apply before the expiration date, they must do so abroad. Everyone with exempt vignette are deemed to be granted 90 days after their vignette expires (as per 1971 act), during which they can apply for a new visa in the UK.

Thanks for the update on the "exempt" to leave