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Under the old system, there were restrictions on being able to switch from one visa to another, is this still the case?

There are some visa types which UKVI didn’t allow individuals to switch from and to and this meant that they couldn’t apply for the new visa from within the UK and instead had to leave the UK and apply from overseas.

Whilst there are still some restrictions, these have been relaxed under the new system which makes the process quicker and easier.

Previously, Tier 2 ICT visa holders could not switch to a Tier 2 General visa, instead they had to leave the UK for a 12 month ‘cooling off period’ and apply once this period had expired.  Under the new system they are able to switch from an ICT to a Skilled Worker visa which also means that they will subsequently be able to apply for ILR after holding the Skilled Worker visa for 5 years.

In addition, Dependant visa holders are also able to switch from within the UK to the Skilled Worker visa which they couldn’t before and so will Tier 5 visa holders which again, wasn’t permitted under the old system.

This is helpful to employers whose employees previously had to spend weeks or months outside the UK waiting for their new visa, whereas now they will not need to travel and can continue to work in the meantime so long as they are eligible to switch visa types from within the UK and submit their application before their current visa expires.

Read more about this and other questions in our

The UK Immigration System section.

Disclaimer

Given the fast pace of change, we would stress that this information is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

As a hub, we have included references to articles and explainers from third parties. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

Our immigration team

Flora Mewies

Flora Mewies

Partner | Employment

Leeds and Manchester

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Roisin Patton

Roisin Patton

Partner | Employment

Newcastle

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Gillian Burns

Gillian Burns

Associate | Employment

Newcastle

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Natalie Payne

Natalie Payne

Solicitor | Employment

Leeds and Manchester

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Isabelle Cernis

Isabelle Cernis

Solicitor | Employment

Leeds

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