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UK: How To Switch From Work Visa To Spouse Visa

August 30, 2022
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The main advantage of the UK spouse visa is that it has no work restrictions. Unlike a work visa, where you are only allowed to work for your sponsored employer, you may be employed by anyone on a spouse visa.

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Indeed, if you are legally in the UK on a work visa, you may be able to switch to a partner visa from within the UK. The spouse visa offers some great benefits.

Requirements for a spouse visa

To be eligible for a spouse visa you must meet the following requirements:

  • You and your partner must both be over the age of 18
  • Your partner must either be a British or Irish citizen, have settled status, indefinite leave to remain (ILR) or have settled status if they are from the EU, Switzerland, Norway, Iceland or Liechtenstein and have been living in the UK since before 1 January 2021

In addition, you must prove one of the following:

  • You’re in a civil partnership or marriage that’s recognised in the UK
  • You’ve been living together in a relationship for at least two years when you apply
  • You and your partner intend on living together permanently in the UK after you apply

The visa will allow you to stay in the UK for two years and six months.

How to switch to a spouse visa in the UK

You must apply from within the UK and will need to do so before your current visa expires. You must ensure that you meet all the requirements.

An experienced UK immigration advisor like us can help make your application process easier and increase your chance of success. We will be able to look at your work situation, your finances and your goals and help you make the right decision for your circumstances.

Can I continue working while switching visas?

As long as your current visa is still valid and you’re not in breach of any immigration rules, the conditions of your visa will continue to apply while your application is being processed.

What to consider before making the switch

A major consideration when deciding whether or not to switch is how the change will affect your ability to obtain permanent residence or ILR. Changing from a work visa to a spouse visa would reset your qualifying period and you have to spend a further five continuous years on a spouse visa before you can be eligible for ILR.

What more questions do you have?

You must have a lot of questions in this regard. We encourage you to always visit the Home Office to help answer all your questions.

 

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