Switching from a Tier 2 General Visa to a Spouse Visa
One of the common issues that we come across for Tier 2 General Visa holders is what they do if they get the opportunity to switch to a Spouse Visa after marrying a partner with appropriate privileges. Well, in this article we will look at the pros and cons of switching from a Tier 2 General Visa to a Spouse Visa, the process of doing so and the long-term benefits of switching from a Tier 2 General Visa to a Spouse Visa.
So can you switch from a Tier 2 General Visa to a Spouse Visa?
Yes, you can absolutely switch from a Tier 2 General Visa to a Spouse Visa. You will, of course, need to become eligible to do so and this is normally the result of a change in your circumstances such as marrying a British citizen. If you are unsure as to whether you are eligible then please get in touch and our immigration specialists can work out whether you are indeed eligible to apply for a Spouse Visa.
Who is eligible for a Spouse Visa?
In general, you will need to satisfy one of the following criteria in order to be eligible to apply for a Spouse Visa your partner will need to be one of the following;
- A British citizen
- Be “Settled” in the UK i.e. has Indefinite Leave to Remain (ILR)
- Have refugee status or humanitarian protection in the UK
If your partner satisfies any of these criteria then you have a very reasonable case for applying for a Spouse Visa. If you are unsure about whether or not your partner qualifies then please get in touch and our immigration specialists can help to establish your eligibility to apply for a Spouse Visa.
What are the drawbacks of switching from a Tier 2 General Visa to a Spouse Visa?
In this instance, the main drawback is that your qualifying period for Indefinite Leave to Remain (ILR) is reset to zero. If you have a few years already in the UK, it might well be more beneficial for you to remain on the path rather than gamble and switch. It will all depend on your individual circumstances.
What are the positives of switching from a Tier 2 General Visa to a Spouse Visa?
The main benefit is no longer having to have a Certificate of Sponsorship (COS) or needing to satisfy many of the criteria that make the Tier 2 General Visa quite hard to maintain. You will be free to work for any employer that you choose and this is an excellent freedom for many. You will receive 2.5 years on your visa and that will be able to be extended in order to apply for Indefinite Leave to Remain (ILR) after 5 years.
Where can I go for more help?
If you need more help or advice then please get in touch. Our immigration specialists are experts in their field and can help to sort your immigration worries. So please get in touch today for more help.