Switch from Spouse Visa to Tier 2

[Bluesintown]

Hello Members,

Please can you advise if it is possible to switch from spouse dependant visa to Tier 2 visa from within the UK.

In brief about me I came into UK in 2009 in student visa then worked on PSW then got Tier 2 Visa (Employer Sponsored) and currently on Spouse dependant visa which is up for renewal in early 2016. Due to some personal issues I wan to now switch to Tier 2 (My employers are happy to extend visa but they are been advised that I have to leave UK, position has to be advertised and then if no one applies I can come in but it is very risky).

Please can someone suggest?

[physicskate]

Hello Members,

Please can you advise if it is possible to switch from spouse dependant visa to Tier 2 visa from within the UK.

In brief about me I came into UK in 2009 in student visa then worked on PSW then got Tier 2 Visa (Employer Sponsored) and currently on Spouse dependant visa which is up for renewal in early 2016. Due to some personal issues I wan to now switch to Tier 2 (My employers are happy to extend visa but they are been advised that I have to leave UK, position has to be advertised and then if no one applies I can come in but it is very risky).

Please can someone suggest?

You have been advised correctly. Tier 2 is not an easy route. You would also reset your ILR clock to 5 more years, by which time you will already qualify for ILR under current long residency rules, provided you meet the other requirements for it.

[geriatrix]

Please can you advise if it is possible to switch from spouse dependant visa to Tier 2 visa from within the UK.

Spouse dependant visa?
There is either a spouse visa or a dependant visa ... but nothing called a spouse dependant visa!

What is the immigration status of your spouse? And when did you apply for this visa that is up for renewal in early 2016?

[Bluesintown]

Guys Thanks for your reply.

Sudesh, yep it is Spouse Visa.

My wife is a british citizen. It just due to some personal reasons I wanted to see what other options I have on my own.

My company is willing to have me as an employee but it is just there seem to be no clause in Tier 2 for switching for people who are on spousal visa.

Can you advise any way out ---???

[geriatrix]

In such case, you cannot switch - as already mentioned above.

But, if your sponsor can provide you with a restricted certificate of sponsorship then all is not lost. You may still be able to apply for entry clearance as a Tier 2 migrant from outside the UK and yet not break continuous residence for the purpose of settlement under long residence.