Hi guys - I posted a few months ago back in May while I was considering switching from my current Tier 2 Visa (only 10 months in) to a partner visa as September 1st will be 2 years of me living with my boyfriend. I've decided that it is the right move to make and am trying to get my application together for the start of September - I'd like to know the following:
1. Does anyone know if there's any implications for my employment if I switch visa? Obviously my employer is currently my sponsor, but would I need to notify them that I'm changing visas?
2. If by some catastrophe something was wrong with my application and I was rejected for a partner visa would I lose my Tier 2 status?
3. Is my 'right to work' in the UK effected at any point in the process of switching?
1. If you get a partner visa then the employer is no longer your sponsor. You must tell your employer when you get a partner visa as they will no longer be your sponsor as your boyfriend will now be your sponsor.
2. Not as long as you still hold a valid in date Tier 2 visa and your employer still wants to sponsor you. You can only hold one UK visa at a time and therefore a partner visa will cancel your Tier 2 visa.
3. You must hold a valid Tier 2 visa to apply in country (switch) to a partner visa. If you put in an application while your Tier 2 is valid and it expires while UKVI are deciding, you are covered by what is known as 3C (3C of the Immigration Act 1971) meaning that you can remain in the UK
on the same terms as your expired Tier 2 visa until UKVI make a decision. While 3C is in force, it protects you from being an overstayer.
If your Tier 2 visa expires while UKVI are making the decison and they refuse your application, to avoid you being an "overstayer" they will give you 14 days. 14 days to get a
valid application in or to leave the UK, to avoid being an overstayer. They don't give this 14 days if there is anytime left on your visa when they make their refusal decision.
Do you realise that your 5 years to ILR will start again if your boyfriend becomes your sponsor? And that if your relationship breaks down, you lose your sponsor and would have to apply for another Tier 2 visa from outside the UK? And that the employer will have to carry out a RLMT?
https://www.gov.uk/tier-2-general/switch-to-this-visa