Overview

Following the change from HSMP to Tier 1 on the 29th February 2008, a great deal of confusion has occurred regarding whether or not you can switch in country to either Tier 1. The truth is it all depends on your current visa status.

Tier 1 or HSMP?

Tier 1 (General) has now completely replaced the HSMP globally, therefore all applications need to be made under the new Points Based System (PBS). Applications will be submitted through the British High Commission in your home country if you are applying from overseas or if you are already in the UK, through the Home Office, subject to your visa status. Therefore the question you need to ask yourself is, can I switch in country? If you are unable to switch inside the UK, you must return to your home country and make an out of country application.

The following information relates to the most common visas and the processes you will need to follow.

Working Holiday Maker Visa (WHM)

Following the change from HSMP to Tier 1 (General), the immigration law which allowed working holiday makers to switch inside the UK was removed. This means that anyone presently on a WHM visa will need to make an application for Tier 1 from outside the UK. You will need to return to your home country (or a country where you have a residence status) in order to lodge the application.

Work Permit Holders / Tier 2

If you are inside the UK on a work permit or under Tier 2 you are permitted to switch into Tier 1 providing you meet the eligibility criteria. Once approved your work permit will then be cancelled and replaced by a Tier 1 visa. Please note that if you leave the employer which is sponsoring your work permit, you must make an application for Tier 1 within 28 days of leaving the employer, otherwise you will be considered in breach of the immigration rules.

Student Visa

It is now possible to switch from a student visa into to Tier 1 at any time during the duration of the visa (previously the qualification had to have been formally awarded). Please note the Home Office will no longer consider your earnings for the 12 months prior to full time study. If you are on a student visa and cannot meet the requirements for Tier 1, you may also like to consider the Post Study Worker visa.

Post Study Worker

The Home Office blue print for skilled migration to the UK indicates that the UK Government are seeking international students to come to the UK to work and study. Once you have completed studying, you are then able to work for a 2 year period under the Post Study Worker Visa. If you meet the eligibility criteria for Tier 1 (General) either during or after this 2 years period, you are then able to switch your status inside the UK. Therefore anyone under IGS, SEGS or the Post Study Worker visa can apply in country.

Dependent Visa

If you are in the UK on a dependent visa it is not possible to switch into the Tier 1 (General) Programme inside the UK. Regardless of whether you are on a dependent student visa, dependent work permit visa or any other dependent visa, you are unable to switch in country. In order for you to make an application you must return to your home country and lodge an application through your nearest British High Commission.

Can I go to France and Switch There?

Unfortunately not. When you are unable to switch inside the UK, you must leave the UK and make an application from a country in which, you have permanent legal residence. Therefore you must either return to your home country or go to a country where you have an existing visa such as a work permit, student visa or any other permanent visa. If you go to France under a tourist visa, you will not be considered a legal resident and as such will not be able to file an application.

What Visas Allow you to Switch Inside the UK?

You are entitled to switch while in the UK if you currently hold or were last granted the following visa:

• A Highly Skilled Migrant Program (HSMP) visa
• An Innovator visa
• The Fresh Talent: Working in Scotland Scheme (FTS) visa
• An International Graduate Scheme (IGS) visa
• A Postgraduate Doctor or Dentist visa
• A Student visa
• A Student Nurse visa
• A Student visa to re-sit your exams
• A Student visa for writing up your thesis
• You are a Work Permit Holder
• A Businessperson visa
• A Self-Employed Lawyer visa
• A Writer, Composer or Artist visa
• A Tier 1 (Entrepreneur) visa
• A Tier 1 (Investor) Migrant
• A Tier 1 (Post Study Work) visa

Call us today on 0203 178 2048 to have a free telephone consultation with one of our dedicated consultants, who will be happy to advise you about all your options and which visa best suits your needs.