Successful Switch from Skilled Worker Visa to Spouse Visa Following Sponsorship Difficulties

At OTS Solicitors, we regularly assist clients facing urgent immigration issues where their ability to remain lawfully in the UK is at risk due to changing employment circumstances.

In this case, our immigration solicitors successfully assisted a client in switching from a Skilled Worker visa to a spouse visa after his employer declined to continue sponsoring him. Despite complexities surrounding the relationship requirements and employment evidence, the Home Office exercised discretion and granted the application.

Background

Our client was residing in the UK on a Skilled Worker visa sponsored by his employer.

During the course of his employment, the client discovered that his sponsor was unwilling to extend sponsorship for a further period. This created a significant immigration issue because without ongoing sponsorship, the client would no longer be able to continue living and working lawfully in the UK under the Skilled Worker route.

At the same time, the client had married a settled person in the UK and wished to remain in the country with his spouse. We therefore advised the client on the possibility of switching into the spouse visa category from within the UK.

However, the matter was not straightforward and involved several legal and evidential challenges.

Key Legal Challenges

One of the primary difficulties in this case concerned the relationship requirement under the Immigration Rules.

Although the marriage was genuine and subsisting, the couple had not been living together for a continuous two-year period. In many spouse and partner applications, cohabitation evidence plays a significant role in demonstrating the durability and authenticity of a relationship.

The Home Office often expects applicants to provide substantial documentary evidence showing shared residence over an extended period.

In this case, the couple did not possess the level of cohabitation evidence typically expected under standard applications.

A further complication arose because both the applicant and sponsor were in temporary employment positions which were due to expire shortly after the application was submitted. This created concerns regarding financial stability and the couple’s future ability to maintain themselves in the UK.

Our Legal Strategy

Given the complexities involved, our solicitors prepared detailed legal representations addressing both the relationship requirement and the financial circumstances of the couple.

We focused heavily on demonstrating that the marriage was genuine, credible, and ongoing despite the absence of a lengthy cohabitation history.

Our team compiled and submitted extensive supporting evidence.

We also prepared detailed legal submissions explaining why the absence of two years’ cohabitation should not be treated as fatal to the application in the particular circumstances of the case.

Importantly, we highlighted that the Immigration Rules and Home Office guidance allow for discretion where there is sufficient evidence that a relationship is genuine and subsisting.

Addressing the Employment Concerns

The temporary nature of the couple’s employment presented an additional evidential challenge.

The Home Office may scrutinise applications carefully where employment contracts are approaching expiry, particularly if concerns arise regarding future income and financial stability.

Our solicitors therefore addressed this issue directly within the legal representations.

We explained that temporary contracts and contract extensions are common within the relevant industry and that there was a realistic expectation that employment would continue.

We also demonstrated that the couple remained financially stable and were actively employed at the time of application.

Home Office Decision

Following submission of the application and detailed representations, the Home Office exercised discretion in the client’s favour.

The Home Office accepted that the relationship was genuine and subsisting despite the limited period of cohabitation and approved the spouse visa application.

As a result, the client was able to remain lawfully in the UK, avoid uncertainty associated with losing Skilled Worker sponsorship, and continue building a life with his spouse in the UK.

Why This Case Was Significant

This matter demonstrates the importance of carefully prepared legal representations in immigration cases involving discretionary factors.

Many applicants assume that an absence of lengthy cohabitation evidence or temporary employment automatically prevents success under the spouse visa route. However, immigration applications must always be assessed in the context of the applicant’s overall circumstances and supporting evidence.

Well-structured legal submissions can be crucial in helping the Home Office properly understand the genuineness of a relationship, the credibility of future plans, and the realities of employment arrangements.

How OTS Solicitors Can Help

At OTS Solicitors, our immigration solicitors regularly assist clients with Skilled Worker visa issues, sponsor licence problems, spouse visa applications, and complex family-based immigration matters.

We understand that immigration matters can become highly stressful when employment circumstances change unexpectedly. Our team works closely with clients to identify alternative immigration pathways and prepare strong applications tailored to their circumstances.

If you require advice regarding a spouse visa or switching from a Skilled Worker visa, our specialist immigration team can assist you.