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Swap to General Vistor (short term) after Tier 1 expires.

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Foyle
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Posts: 1
Joined: Mon Dec 17, 2012 9:08 am
Location: London

Swap to General Vistor (short term) after Tier 1 expires.

Post by Foyle » Mon Dec 17, 2012 9:15 am

I am a New Zealand engineer that has been living in the UK since the start of 2008 on a Tier 1 (at first HSMP) Visa. I quit work 2 years ago and started researching an invention while being supported by my wife who is also a New Zealander that has been in the UK on a Tier 1/HSMP visa for the last 4 years.

My Tier 1 visa expires in January just after I have put the finishing touches on the material needed to approach investors - though for commercial reasons I intend to do this in the USA rather than the UK or Europe starting in February - and this is why I have decided not to move onto a Dependant's visa, that would otherwise be the sensible solution. My wife needs to stay in the UK throughout 2013 to complete her part time post graduate degree.

So rather than going through all the additional disruption and separation that travelling to New Zealand and applying for a Dependent's visa attached to my wife's Tier 1 would entail, (when I do not intend to be in the UK for more than another 2 months). My intention is instead to move onto a UK General Visitor visa for the next 1-2 months before I travel on to the USA, so that I can stay with my wife (still not working or using any other public funds or benefits).

Questions (any responses appreciated):
1/ Is this approach likely to be successful or am I likely to get deported?

2/ Can I move onto a General Visitor visa without travelling out of the UK? (seems unnecessarily wasteful to require international travel to enable a change in visa status)

3/ Can I move onto a General Visitor visa before my Tier 1 visa expires?
Or do I need to leave the UK before it runs out and return after it has expired?

4/ Do I need proof of onward travel plans when moving onto a General Visitor visa?

5/ Do I need proof of means of support - given that I will be staying with my wife who is supporting me?

6/ Is there other documentation or evidence that would be helpful in smoothing this process?

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Mon Dec 17, 2012 9:52 am

1. Depends on whether you have sufficient evidence to convince the immigration officer on entry that you are a genuine visitor.
2. Visit visas can never be applied for from within the the UK. In your case you will not be applying for a visitor visa anyway as you are a non visa national, rather you will be seeking leave to enter as a visitor which can only be done at the border on entry to the UK.
3. Yes but you will have to be explicit that you wish to be entered as a visitor otherwise they will just stamp you in on your tier 1 visa.
4. If you mean a ticket to leave the UK then yes ideally.
5. Yes
6. Any other evidence which demonstrates you are a genuine visitor.

wf
Member of Standing
Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Post by wf » Mon Dec 17, 2012 9:58 am

Just to add to what Greenie has said, you do not need to go back to NZ but do need to leave the UK and re-enter.

Also keep in mind you can stay past the expiry of your Tier 1 by 28 days with little or no issue.

UKBALoveStory
Senior Member
Posts: 746
Joined: Wed Jan 04, 2012 9:25 pm
Afghanistan

Post by UKBALoveStory » Mon Dec 17, 2012 2:28 pm

wf wrote: Also keep in mind you can stay past the expiry of your Tier 1 by 28 days with little or no issue.
Correct as per current rules, but who knows when UKBA decides to change rules, so not a good idea in my opinion .

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