Switching From the Dependent Skilled Worker Visa to the Skilled Worker Visa

The immigration lawyers at OTS Solicitors are getting enquiries about whether you can switch into the skilled worker visa if you are in the UK on a dependent visa and the main visa applicant is in the UK on a skilled worker visa. The answer is yes, it is possible to switch, provided you meet the eligibility criteria. In this article our immigration solicitors take a look at the rules on switching.

UK Online and London Based Immigration Solicitors 

For advice on any aspect of immigration law call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

Switching to the skilled worker visa

If you are in the UK on a dependent visa and the main visa holder is in the UK on the skilled worker visa you can apply to switch from dependent visa to work visa.

If you are thinking about switching visa you must do so before your current visa expires because if you allow your visa to lapse you will be classed as an overstayer. This will affect your immigration record and the success of future immigration and visa applications.

If you are not certain about your visa switch options, the eligibility criteria, or the documents you will need, call us now on 0203 959 9123.

Eligibility criteria for the skilled worker visa

The main eligibility criteria for the skilled worker visa is that you must have a job offer from a sponsoring employer that meets the skilled worker visa criteria. However, you will also need to meet the English language requirement.

Meeting the English language requirement means you either need to sit an English language test or you must be able to show that because of your nationality or qualifications you are exempt from having to sit the English language test.

Eligible jobs for the skilled worker visa

For a job to be eligible for the skilled worker visa it must be:

• A job offered to you by an employer with a Home Office issued sponsor licence.
• A job that pays the minimum salary threshold – the amount will depend on the nature of the job and your circumstances. For example, you may fit within the definition of a ‘new entrant’.
• A job that meets the skills required for the skilled worker visa.
• A job that has a standardised occupation classification (SOC) code – these codes are published by the Home Office and used by companies with sponsor licences to allocate certificates of sponsorship to prospective employees who need a certificate of sponsorship to apply for a skilled worker visa.
• A job that is genuine so there was a real vacancy.

Remember that if you are in the UK on a dependent visa, you are not restricted to employment with a sponsoring employer who holds a sponsor licence and nor does your job need to meet the above criteria. However, if you qualify for a skilled worker visa you can stay in the UK independently of the main visa applicant. That means you are no longer dependant on the main visa applicant for your immigration status if, for example, your relationship breaks down or if the main visa applicant decides to leave the UK or if they have their skilled worker visa curtailed because their sponsoring employer has their sponsor licence revoked and the main visa applicant can't find another suitable job with a new sponsoring employer.

If you want to switch from a dependent visa to a skilled worker visa because your relationship has broken down and the reason for the ending of your relationship was domestic violence then your best option may be to apply for indefinite leave to remain using the domestic violence concession. You will then be able to apply to settle straight away in the UK and will not be restricted to employment with a sponsoring employer. For more information about applying early for indefinite leave to remain and the eligibility criteria read our article on Staying in the UK if Your Relationship Ends Because of Domestic Violence.

The benefits of the skilled worker visa

Individual immigration solicitors say that whilst the jobs you can do are restricted on the skilled worker visa ( in comparison to your employment options on the dependent visa) in many ways switching from the dependent visa to the skilled worker visa is the best option because:

• You have immigration status in your own right and you are no longer dependant on the immigration status of the main visa applicant and
• You can choose if you want to remain in the UK and apply for indefinite leave to remain once you have met the residence requirement.

If you do decide to switch visa from dependent visa to skilled worker visa you should not leave the UK while your switch application is pending with the Home Office as the Home Office will treat your application as withdrawn if you leave the UK.

If you are worried that you will not meet the eligibility criteria for the skilled worker visa speak to an immigration lawyer as they will be able to assess your best visa options that fit your goals and circumstances.

UK Online and London Based Immigration Solicitors 

For advice on any aspect of immigration law call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.