Switching from UK Spouse Visa to Skilled Worker Tier 2 Visa: A Comprehensive Guide

The decision to switch from a UK Spouse Visa to a Skilled Worker Tier 2 Visa is not straightforward, and it’s crucial to understand the implications before making such a change. In this guide, we will explore the requirements, benefits, and potential downsides of switching visas.

Overview of UK Visa Policies

In the UK, both the Spouse Visa and the Skilled Worker Tier 2 Visa come with specific work restrictions and requirements. It is advisable to seek professional guidance from legal experts to navigate these complexities accurately.

Seeking Professional Guidance

For detailed information and legal advice, visit the ICS Legal website, which offers comprehensive resources on visa policies and procedures. Seeking professional assistance ensures that you are making informed decisions based on your unique circumstances.

Current Standings: Tier 2 Visa Absence

Currently, the Tier 2 visa no longer exists, and it has been replaced by the Skilled Worker visa. It is essential to understand the differences between these visas and the implications of switching between them.

Switching Back to Spouse Visa

To switch back to a Spouse Visa (also known as a Family Visa), you would need to have remade a marriage, a move that cannot be predicted. The Family Visa allows for unrestricted work rights, making it more advantageous than the Skilled Worker visa, which requires a licensed sponsor, an eligible occupation, and a higher salary.

Impact on Indefinite Leave to Remain (ILR)

Switching your visa can reset your eligibility for ILR permanent residency. Under a Family Visa, you can apply for ILR and eventually citizenship after five years. However, if you switch to a Skilled Worker visa, you would need a full five-year period on that visa before applying for ILR. Switching back to a Spouse Visa would require another five years, unless you qualify under the 10-year immigration route.

Spouse Visa vs. Work Visa: Key Differences

The Spouse Visa and the Skilled Worker Tier 2 Visa serve different purposes in the UK immigration system. Understanding these differences can help you decide which visa is more suitable for your needs.

Spouse Visa Benefits

The Spouse Visa grants you the right to work as long as it remains valid. You are not tied to a specific employer, providing flexibility in your career path. This benefit can be a significant advantage, especially if your relationship with the original sponsor ends.

Key Points to Consider

Work visas and family settlement visas are fundamentally different. On a Spouse Visa, you have the right to work, and no additional work permits are necessary. If you renew your spouse visa every 30 months, you can attain Indefinite Leave to Remain (ILR) after five years of residency in the UK. Switching to a work visa and then trying to return to a Spouse Visa would complicate your pathway to ILR and citizenship.

Conclusion

Switching from a UK Spouse Visa to a Skilled Worker Tier 2 Visa is only advisable if you have specific reasons that align with the requirements and benefits of the Skilled Worker visa. Otherwise, it is generally not beneficial to make such a switch, especially if you are still married to the original sponsor. Seeking professional guidance will help you navigate the complexities of UK visa policies and make informed decisions regarding your immigration status.