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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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If you have a student visa and want to change it to another

Customer Question

If you have a student visa and want to change it to another visa in order to stay what would be the best application to make? It would be in order to stay and work after finishing the course.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks for your question. Are you in a relationship with anyone and, if so, what is their immigration status in the UK?Tom
Customer: replied 1 year ago.

No. My husband is attached to my visa. we are currently separated as i also intend on divorcing him.

Expert:  Thomas replied 1 year ago.
HiPlease confirm that you do not have access to £200, 000.00 for investment in a UK business and that you are not a world-renowned leader in your employment fieldI will then be able to answer.Tom
Customer: replied 1 year ago.

No access to that sort of funds.

Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you. If you are not in a relationship with anyone that has ILR or leave to remain or EEA citizenship, then your options are very limited. If you wished to work then your only real option would be under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if there is a job that you could do in the UK on the shortage occupation list:-https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf If your job is not on this list then this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role,.You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-https://www.gov.uk/tier-2-general/eligibilityIf you were able to secure a job offer in this way then you could apply for a Tier 2 general visa and your spouse could apply as your dependent.If you cannot apply under this category then I’m afraid I cannot see any other options unfortunately. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Hi Thank you for your question and patience, I’m Tom and I’ll try to help you. If you are not in a relationship with anyone that has ILR or leave to remain or EEA citizenship, then your options are very limited. If you wished to work then your only real option would be under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if there is a job that you could do in the UK on the shortage occupation list:-https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf If your job is not on this list then this means that you employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role,.You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-https://www.gov.uk/tier-2-general/eligibilityIf you were able to secure a job offer in this way then you could apply for a Tier 2 general visa and your spouse could apply as your dependent.If you cannot apply under this category then I’m afraid I cannot see any other options unfortunately. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,TomKind regards,Tom
Customer: replied 1 year ago.

What about if i am not qualified under the list but in the meantime i was to go and work in a household as a domestic worker. Would that employer still have to apply to become a licensed sponsor? What would that application be under?

Expert:  Thomas replied 1 year ago.
You would not be able to do it that way. The only visa available for domestic workers, is for foreign domestic workers who apply from outside the uk to come and work with their employer for no more than 6 months. People have tried attempting to get a tier 2 general visa as a domestic worker but they never succeed because the employer is not a genuine business employer, the salary is almost always below the threshold and, even if it were above the threshold, it would fail because there would already be a worker in the resident UK labour force willing to do the job at that salary. I am sorry, but it would not work.Tom

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