# Switching from Spouse visa to Tier 2 (general)



## dogpark33 (Nov 20, 2016)

Hello,
I moved to the UK on a Spouse visa in August 2014 - my current visa expires April 2017.

My husband and I are still married but we have been living apart off and on due to two deaths in his immediate family (in 2015). Needless to say we have been facing very difficult times, as has his family. We have no plans to divorce.

My visa needs to be renewed early next year, so I am weighing up the best options. My employer can sponsor me for a Tier 2 visa, but I don't know if that is a straight forward process to switch from Spouse to Tier 2 (although I know it's allowed). Will the HO want to know why I am switching visas? 

I would like the idea of having my employer pay all of the fees for sponsoring me, saving me more than £1,000. I'm aware the clock towards citizenship will reset, but that doesn't bother me at this point because my husband and I don't have plans to leave the UK to live elsewhere.

Primarily I'm concerned:
-whether my employer will easily be able to make this application without issues from the Home Office
-that 5 years from the date of issue I'll be eligible for ILR
-we may continue to live (mostly) apart for many years, based on the impact this event has had, so I feel a Tier 2 may be easier to maintain than the Spouse visa

Additionally, will the fact that I have been living here for 2.5 years affect the "you can stay here for 5 years and 14 days" time limit?

Thanks!


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## Joppa (Sep 7, 2009)

Is your job on the shortage list? If not, your employer has to conduct resident labour market test (advertise the vacancy and confirm there is no other eligible applicant). They can't 'fix' this test by tweaking your job requirement in such a way that nobody else can qualify. Anybody else with the right to work who basically meets the job requirement must be given the job, even if you have more experience and are 'better' at the job etc.
Home Office should be ok about switching visas.
Yes, new 5-year route to settlement.
Time limit doesn't affect you as you are switching into PBS leave.


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## dogpark33 (Nov 20, 2016)

Thanks Joppa.

Yes, I think my job can qualify for the shortage list (had a look through the most recent PDF and lots of jobs in my industry are on there, including ones I believe I can qualify under). If they did have to post my job I wouldn't be too worried, as they usually have posts open of the same one for 6-12 months without finding anyone (either 0 or very few applications). There are also dozens of people at work with sponsorship so they will have a legal and HR team who knows all the rules etc.


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