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Topic: Switching Tier 2 to unmarried partner  (Read 809 times)

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Switching Tier 2 to unmarried partner
« on: August 13, 2017, 10:02:24 AM »
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?


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Re: Switching Tier 2 to unmarried partner
« Reply #1 on: August 13, 2017, 10:06:04 AM »
Sorry - in addition to all of that I'm just reading the guidance which says

"The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days."

Can I apply to switch even though I have two years left on my current visa?


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Re: Switching Tier 2 to unmarried partner
« Reply #2 on: August 13, 2017, 11:58:15 AM »
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
« Last Edit: August 13, 2017, 12:27:45 PM by Sirius »


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Re: Switching Tier 2 to unmarried partner
« Reply #3 on: August 13, 2017, 12:04:20 PM »
Sorry - in addition to all of that I'm just reading the guidance which says

"The earliest you can apply is 28 days before your current permission (called ‘leave to remain’) expires. Any time you have left will be added to your new permission to stay, up to a maximum of 28 days."

Can I apply to switch even though I have two years left on my current visa?

You are changing visas. You will end your '5 years to ILR' clock and will start your ILR clock again at zero, so that 28 days doesn't matter.

If you want your boyfriend to be your sponsor instead of your employer, then the sooner you switch, the sooner your 5 years to ILR starts again.



« Last Edit: August 13, 2017, 12:12:07 PM by Sirius »


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Re: Switching Tier 2 to unmarried partner
« Reply #4 on: August 13, 2017, 12:06:55 PM »
In addition to what Sirius has said:

When switching, you don't need to wait until 28 days before your Tier 2 expires - that only really applies when applying for further leave to remain in the same category.
2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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