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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a female member of a religious Order from Kenya living

Customer Question

I am a female member of a religious Order from Kenya living in the UK on a tier 5 religious worker visa.
I wish to switch to Tier 2 (minister of religion ) visa.
On the government website (visas and immigration/work visas/ tier2 minister of religion
No 7 Switch to this visa) it says that you can "also switch to tier 2 minister of religion visa, if you meet the requirements and you're: ......(4 bullets down) a minister of religion, missionary, or member of a religious Order"
However I have been told by several people from the Gov Uk, that I have to be working in sports or a creative job to do this.
I need to know before spending a lot of my Orders money submitting an application, if I can expect to be successful.
Please can you advise me.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi. I am very sorry but you will have to leave the UK and return to your home country in order to make this new application. This is because you are only permitted to switch to your proposed visa from a tier 5 creative sporting visa. Please read the bullet points under the heading "eligibility " on the following link and you will see that this is confirmed: this HTML class. Value is https://www.gov.uk/tBecause your current visa is not listed as a category that you can switch from then you will have to return to your home country to make the application. If you attempted to apply for the visa by switching in the UK then your application would be rejected and the application fee would be lost. I am vry sorry. Kind regards .Tom
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Customer: replied 2 years ago.

Dear Expert

We have read further down the list, that, as I said in my question that if you are a member of a religious Order you can switch to tier 2 visa if you are in the UK. Have you seen this? What do you think?

Expert:  Thomas replied 2 years ago.
Hi,
If you read number 15 on page 7 of the following guidance then you will see that you can only switch to tier 2 if you were last granted leave in one of the categories listed in the box.
Tier 5 religious is not there and although you may be a member of a religious order you were not actually granted leave to remain on the basis of being in a religious order (you were granted leave on the basis of Tier 5 Temporary Worker). For this reason, i interpret that you are not allowed to switch.
I accept it's not the clearest outlining of rules though.
Kind regards,
Tom
Customer: replied 1 year ago.

I have just been told by another expert solicitor that I can switch if I have all required eligibility documents, so we''ll seewith the grace of God!

Many thanks.

Expert:  Thomas replied 1 year ago.
Well, I hope he is correct.

Good luck.

Tom