If you are already in the UK under a visa category which allows you to switch your immigration status to Tier 2 General, you can make an application for stay as Tier 2 General Migrant from inside the UK. You must meet all the relevant requirements including any conditions with regards to switching from your current visa status to the Tier 2 General category. An unrestricted Certificate of Sponsorship (CoS) must be issued by your prospective employer for you to apply for Tier 2 General leave from inside the UK. For more general information about Tier 2 General category.
You can apply from inside the UK if you have, or were last granted, leave in one of the categories listed below:
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;
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 Re-Sitting an Examination;
Student Union Sabbatical Officer.
If you are switching from Tier 4 General Student category to Tier 2 General, you can only switch into Tier 2 General if you meet the following criteria:
you must have successfully completed and passed a UK recognised bachelor’s or master’s degree, Postgraduate Certificate in Education or Professional Graduate Diploma of Education or have completed a minimum of 12 months study in the UK towards a UK PhD during your current period of leave or a period of continuous leave which includes your last grant of leave; and
you studied for the eligible award at a UK institution that is the UK recognised or listed body, or an education provider which holds a licence for sponsoring students under Tier 4 of the Points-Based system; and
you are applying from inside the UK.
The Tier 2 sponsor is exempt from meeting the Resident Labour Market Test (RLMT) if the applicant meets the above-referred switching criteria. The employer needs to issue an unrestricted Certificate of Sponsorship (CoS) which the applicant will use to make an application for Tier 2 General. The applicant's job and salary level should comply with the requirements of the Code of Practice.
A person who is in the UK on Tier 1 Post Study Work (PSW) visa can switch into Tier Tier 2 General from inside the UK. The employer needs to issue an unrestricted Certificate of Sponsorship (CoS) which the applicant will use to make an application for Tier 2 General. The applicant's job and salary level should comply with the requirements of the Code of Practice.
We provide Same Day Visa Service (also known as the Home Office Premium Service) for applications for switching into Tier 2 General Migrant visa from inside the UK.
We can submit your Tier 2 General application through our Same Day Visa Service and can get a decision on your application within 24 hours. Tier 2 General is a Biometric category and the Tier 2 General applicant and his/her dependents are required to attend the Home Office, UKBA to enrol their biometrics. You will be accompanied by our Legal Representative who will assist you with an enrollment of biometrics and submission of your Tier 2 General application. Tier 2 General application submitted through our Same Day Visa Service is usually decided the same day.
To apply under any of these categories, they would need to meet the guidance set out. This arrangement is not under the Immigration Rules.
Call us today on 0207 237 3388 and discuss your case with one of our legal advisors. Alternatively, e-mail us your query to firstname.lastname@example.org.