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Switching Into Tier 2 General

An individual who is already residing in the United Kingdom under a visa category that enables the person to make a switch of category into the Tier 2 General category, he/she is entitled to apply for residence as Tier 2 General migrant from within the United Kingdom. The individual is however expected to fulfill all applicable criteria inclusive of any other stipulation that is relating to switching into the Tier 2 General category from the individual’s current visa status. In order for the individual to be eligible to apply for leave from within the UK, he/she must be issued an Unrestricted Certificate of Sponsorship (CoS). For more information on the Tier 2 General Category, please refer to the Tier 2 General Frequently Asked Questions (FAQs).

Who Can Switch Into Tier 2 General Category From Inside The UK?

If an individual is issued or was previously issued leave of entry in any one of the below listed categories, he/she can apply to switch into the Tier 2 General Category from within the UK:

  • Any Tier 1 category;
  • Tier 2 (General);
  • Tier 2 (Intra-Company Transfer: Established Staff) if you are applying to change sponsor;
  • Tier 2 (Intra-Company Transfer), under the rules in place before 6 April 2010 if you are applying to change sponsor;
  • Tier 2 (Sportsperson);
  • Tier 2 (Minister of Religion);
  • Tier 4 (General) student3;
  • Tier 5 (Temporary Worker) in the Creative and Sporting sub-category, for a job as a professional footballer switching into Tier 2 (Sportsperson)only;
  • Dependant partner of a Tier 4 student;
  • Highly Skilled Migrant Programme;
  • Innovator;
  • Fresh Talent: Working in Scotland Scheme;
  • International Graduates Scheme (or its predecessor the Science and Engineering Graduate Scheme);
  • Business and Commercial work permits (except multiple entry work permits) including Intra-Company Transfer work permits;
  • Sports and Entertainment work permits (except multiple entry work permits);
  • Jewish Agency Employee;
  • Member of the Operational Ground Staff of an Overseas-owned Airline;
  • Minister of Religion, Missionary or Member of a Religious Order;
  • Overseas Qualified Nurse or Midwife;
  • Person Writing Up a Thesis;
  • Postgraduate Doctor or Dentist;
  • Representative of an Overseas Business;
  • Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation;
  • Student;
  • Student Nurse;
  • Student Re-Sitting an Examination;
  • Student Union Sabbatical Officer.

Switching From Tier 4 General Student To Tier 2 General

An individual wishes to make a switch from the Tier 4 General Student category into the Tier 2 General, he/she can do so as long as the following requirements are fulfilled:

  • The individual must have excelled and successfully completed a bachelor’s or master’s degree, post graduate certificate in Education or a Professional Graduate Diploma of Education acknowledged by the United Kingdom; or has spent a minimum of 12 months in the United Kingdom on Study towards earning a PhD in the UK during the present leave period or a continuous leave inclusive of the previously issued leave of entry;
  • The individual have studied for an eligible award at an institution recognized by the United Kingdom or a listed body; or an educational institution that holds a permit to take up sponsorship for Tier 4 Points-Based system students;
  • The individual is making the application from within the United Kingdom.

If the Tier 2 sponsor fulfills the requirements for switching as mentioned above, they would be free from fulfilling the Resident Labour Market Test (RLMT). The applicant will make use of the Unrestricted Certificate of Sponsorship (CoS) that is expected to be issued to him/her by the Employer to make the application. However, it is expected that the individual’s working position and salary level be in line with the criteria for Code of Practice.

Switching From Tier 1 PSW To Tier 2 General

An individual who has been granted entry into the United Kingdom on Tier 1 Post Study Work (PSW) visa, he/she can make an application to switch into the Tier 2 General from within the UK. In this category it is expected that the employer makes available an unrestricted Certificate of Sponsorship (CoS) which the applying individual would use whilst making the Tier 2 General application. However, it is expected that the individual’s working position and salary level be in line with the criteria for Code of Practice.

 

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Kind regards
Nancy Jacquard


 
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