Switch from Skilled Worker Visa to Spouse Visa
You might be able to apply to change ('switch') to a Spouse visa if you're already in the UK on a Skilled Worker visa and meet the eligibility requirements. Just make sure to apply before your current visa ends to avoid overstaying.
If you're on a UK Skilled Worker visa and thinking of switching, you're not alone. Many people in the UK prefer a Spouse visa for their personal and work lives. This guide will cover the benefits, downsides, and what you need to qualify for this switch.
If you are considering changing your Skilled Worker visa to a Spouse visa, call Moeen & Co. Solicitors at 0203 959 7755 or fill in our online contact form.
Table of Contents
- What is a Skilled Worker visa in the UK?
- What is a UK Spouse visa?
- Why switch from a UK Skilled Worker visa to a Spouse visa?
- Benefits of switching from a Skilled Worker visa to a Spouse visa
- Potential disadvantages of switching from a Skilled Worker visa to a Spouse visa
- Requirements for switching a Skilled Worker visa to a Spouse visa
- Documents required for switching from a Fiancé(e) visa to a Spouse visa
- Some common UK Spouse visa mistakes you should avoid
- Role of an immigration solicitor
- How to contact Moeen & Co. Solicitors?
- FAQs about switching from a Skilled Worker visa to a Spouse visa
What is a Skilled Worker visa in the UK?
A Skilled Worker visa a type of UK work visa allows you to come to or stay in the UK to do an eligible job with a UK employer approved by the Home Office.
Skilled Worker visa has replaced the Tier 2 (General) work visa following the UK's new points-based immigration system that came into effect in December 2020.
What is a UK Spouse visa?
A UK Spouse visa is a part of the UK family visa category that allows the spouse of a British citizen, or a person settled in the UK to live and work in the UK.
A UK spouse visa is given for up to 30 months at first. Then, you can apply to extend it for a further 2.5 years. After completing 5 years on a UK Spouse visa, you can apply for Indefinite Leave to Remain (ILR).
Applicants must meet certain conditions to get a UK Spouse visa. They need to prove their relationship is real, have enough money, and provide the right documents. Knowing these things helps with the often tricky application process.
Why switch from a UK Skilled Worker visa to a Spouse visa?
Switching from a Skilled Worker visa to a Spouse visa offers more flexibility, allowing you to live and work in the UK without being restricted to a specific job.
Moreover, the Spouse visa is a direct path to Indefinite Leave to Remain (ILR) and eventually British citizenship, offering stability for you and your family.
Benefits of switching from a Skilled Worker visa to a Spouse visa
- Unlike the Skilled Worker visa, the Spouse visa allows you to work in the UK without being restricted to a specific job or employer.
- As a Spouse visa holder, you start your own business without needing to inform the Home Office or apply for a new visa.
- The Spouse visa provides a direct route to Indefinite Leave to Remain (ILR) after five years, provided you meet the necessary criteria.
- With a Spouse visa, you are not bound by the conditions of employment that come with the Skilled Worker visa. This means you can take time off work, pursue further education, or take part-time employment without any visa-related complications.
- The Spouse visa helps in maintaining family unity and simplifying immigration matters.
Potential disadvantages of switching from a Skilled Worker visa to a Spouse visa
- Your Spouse visa depends on your relationship with your spouse. If it ends, your visa could be at risk. This could affect your stay in the UK.
- Meeting the financial requirements which is currently £29,000 gross per year can be tough for some couples. It's especially hard if one partner doesn't work or if your combined income is just below the threshold.
- The initial Spouse visa lasts for 30 months. Then, you must apply for an extension before you can apply for ILR. This means more costs and paperwork later.
- To get ILR, you must have lived together continuously for 5 years in the UK. Long trips or periods apart from your spouse could make you ineligible.
Requirements for switching a Skilled Worker visa to a Spouse visa
The main requirements for switching from a Skilled Worker visa to a Spouse visa under 5-year route are as follows:
- You must already be in the UK on a Skilled Worker visa.
- You and your partner are both over the age of 18.
- You must be married to a British citizen, someone with settled status, or a refugee or someone with humanitarian protection.
- You must be in a genuine and subsisting marriage with a British citizen or settled person in the UK.
- You and your partner must earn at least £29,000 gross per year.
- You must have suitable accommodation for you and your partner, and any dependents.
- You must be able to speak and understand English at CEFR level A1 or higher.
You must also meet all the other eligibility requirements depending on your circumstances. Please contact us for an initial assessment to determine your eligibility, and to discuss the options.
Documents required for switching from a Fiancé(e) visa to a Spouse visa
- Valid current passport
- Proof of your current immigration status such as a BRP card
- Marriage or civil partnership certificate
- Evidence of a genuine relationship
- Proof of meeting the financial requirements
- Proof of suitable accommodation
- English language proficiency test results
Remember, the document checklist provided above is not exhaustive, and additional documents may be required based on your personal circumstances. Properly preparing your documentation is key to the success of your application. Contact us today to get a comprehensive list of supporting documents.
Some common UK Spouse visa mistakes you should avoid
Several common pitfalls can hinder the UK Spouse visa process. Being aware of these can help you avoid delays:
- Incomplete documentation can lead to requests for additional information.
- Failing to meet the minimum income threshold required for sponsorship.
- Misunderstanding eligibility criteria, resulting in applying for the wrong type of visa.
- Submitting incorrect or outdated information on the application form.
- Neglecting to provide adequate proof of the relationship. It is vital for demonstrating legitimacy.
- Make sure you have enough money to avoid delays or rejection of your application.
- Apply for your Spouse visa before your Skilled Worker visa expires to keep your legal status in the UK continuous.
For expert guidance on the UK Spouse visa process, contact Moeen & Co. Solicitors at 0203 959 7755.
Role of an immigration solicitor
Switching to a Spouse visa from a Skilled Worker visa is a big step. It can offer long-term benefits and stability. You can make an informed decision by understanding the eligibility, application process, and benefits. Ensure you meet all the requirements and apply well to increase your chances of success.
Navigating the UK visa application process can be complex and stressful, especially if English is not your first language or if you are unfamiliar with UK immigration laws. Hiring an immigration solicitor provides peace of mind, knowing that you have professional support to guide you through every step of the process.
Here are some ways in which our team of highly experienced UK immigration solicitors can assist:
- Legal Expertise: Our immigration solicitors have in-depth knowledge of UK immigration laws, policies, and procedures. We can assess your eligibility for different types of visas, advise you on the most suitable visa option, and ensure that your application complies with all relevant legal requirements.
- Consultation and Advice: If you are uncertain about the visa type that best suits your needs or require guidance on the application process, we offer consultations to answer your questions.
- Application Preparation: Our immigration solicitors will fill in your UK visa application forms accurately and submit them.
- Supporting Documents: We will advise you on the required documents to be submitted in support of your visa application and ensure that they meet the specific requirements of the visa category you are applying for.
- Legal Representation: We can represent you in communications with the UK Visas and Immigration (UKVI) department, embassy, or consulate handling your application. We can correspond with immigration authorities on your behalf, respond to requests for additional information, and address any concerns or queries raised during the processing of your application.
- Appeals and Administrative Reviews: If your visa application is refused, our immigration solicitors can help you explore options for appealing the decision or requesting an administrative review. We can prepare and submit appeal or review applications, gather additional evidence to support your case and represent you at appeal hearings or review proceedings.
If you have any questions or want assistance with your UK visa application, please call our expert immigration solicitors based in London at 0203 959 7755. Alternatively, fill in our online contact form, and one of our UK immigration experts will get back in touch with you soon!
How to contact Moeen & Co. Solicitors?
To apply to change or switch to a Spouse visa under the 5-year route, call our immigration solicitors in Hayes, London at 0203 959 7755 to schedule your initial consultation. Alternatively, you can fill in our online contact form and we will get back to you as soon as possible.
There are several ways to contact our solicitors based in Hayes, London:
- Phone - Call us on 0203 959 7755
- Email us - info@moeenco.com
- Online - Fill in our online enquiry form
- Visit our office - Room 1, The Winning Box, 27-37 Station Road, Hayes UB3 4DX
We are located near Hayes and Harlington Station on Hayes High Street, in Hayes Town Centre.
FAQs about switching from a Skilled Worker visa to a Spouse visa
Yes, you can switch from a UK Skilled Worker visa to a Spouse visa while in the UK. Just make sure to apply before your current visa ends to avoid overstaying.
You should apply as soon as possible before your current Skilled Worker visa expires.
Ideally, start your application about 2-3 months before your Skilled Worker visa expires to ensure a smooth transition.
Starting the process early gives you time to gather the necessary documents and avoid any issues with your immigration status.
Yes, a Spouse visa allows you to work in the UK without any restrictions on the type of employment or the number of hours you can work.
The Spouse visa allows you to work in any sector, switch jobs, or even start your own business without needing to inform the Home Office or apply for a new visa.
Yes, unless you are exempt, you will need to pass an approved English language test at A1 level or higher.
Yes, you can include your dependent children in your Spouse visa application.
Additional financial requirements will apply, and you will need to provide documentation proving your relationship and their dependency on you.
Hiring a spouse visa lawyer can significantly increase your chances of a successful application. They have expertise in navigating the complexities of UK immigration law, ensuring that your application is complete, accurate, and meets all eligibility requirements.
Legal Disclaimer
The information provided is for general informational purposes only and should not be taken as legal advice. While we make every effort to ensure accuracy, the law may change, and the information may not reflect the most current legal developments. No warranty is given regarding the accuracy or completeness of the information, and we do not accept liability in such cases. We recommend consulting with a qualified lawyer at Moeen & Co. Solicitors before making any decisions based on the information provided on this website.