We all know that things change constantly, therefore the plans we make today can be entirely obsolete tomorrow. It's possible for migrants to the UK to change their plans once they have arrived in the UK, possibly in response to a new opportunity or change in circumstances. In fact, people who have come to the country on one form of visa and need assistance switching to a different one frequently contact us. They regularly inquire about the possibility of changing from a Sole Representative overseas business visa to a skilled worker visa, as well as the process for doing so. 

Can I Switch ‘In-Country’ From a Sole Representative Overseas Business Visa to A Skilled Worker Visa?

It is true that current visa holders in the UK, even those on a Sole Representative overseas business visa, are permitted to change their status "in-country" to that of a skilled worker. Only the following migrants are prohibited from switching to a visa for skilled workers:

• on a visit visa
• on a short-term student visa
• on a Parent of a Child Student visa
• on a seasonal worker visa
• on a domestic worker in a private household visa
• on immigration bail
• given permission to stay outside the immigration rules, for example, on compassionate grounds

This does not imply that such individuals cannot apply for a Skilled Worker visa; rather, they must do so from outside the United Kingdom.

Consequently, the primary advantage of being able to switch to a Skilled Worker visa is having the chance to remain in the United Kingdom while your application is being processed. Dependents, including spouses and children, of the primary applicant for a Skilled Worker visa must apply separately for permission to remain in the United Kingdom.

In addition, once you have submitted your application to switch to a Skilled Worker visa, you are not allowed to travel outside the United Kingdom, Ireland, the Channel Islands, or the Isle of Man (i.e. the common travel area) until you have received the Home Office's decision. If you leave the country, there is a possibility that your application will be withdrawn.

The duration of your visa as a Skilled Worker may be three or five years. After five years, you can apply for either an extension or settlement (permanent leave to remain).

What Are the Eligibility Criteria for A Skilled Worker Visa?

Check your eligibility for a Skilled Worker visa before pursuing the process of visa switching. To submit a successful application, you must satisfy the following requirements:

• have a job offer from a licenced sponsor
• your employer must have issued you a valid 'certificate of sponsorship'
• the job for which you are being employed in the UK must be on the list of eligible occupations
• you must meet the minimum salary requirements – this is typically £26,200 but depends on the 'going rate for your occupation'
• you must meet the English language requirement – this means you read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale. This requirement can also be met by having a degree or higher-level qualification that was taught in English or if you are from one of the exempt countries.

The mandatory point requirements must be met. In addition, points can be traded (those listed as 'tradeable'); for instance, if you have a PhD in a STEM field, you may earn enough points despite your low salary.

How Do I Switch from A Sole Representative overseas business visa To a Skilled Worker Visa?

To make the switch, you need to submit a new Skilled Worker visa application within the UK. Once you have a job offer and a Certificate of Sponsorship (CoS), you will then need to complete the online application form.

You will also be required to prove your identity. This will be done by providing biometric information at a UKVCAS appointment, following the submission of the online form.

Under certain circumstances, you will instead be able to provide your biometrics through an app, rather than attending an appointment. This will generally apply to applicants who hold biometric EEA passports and other adult applicants who have previously enrolled on their biometrics as part of an earlier application.

Will I be eligible for settlement?

Yes. The Skilled Worker route leads to settlement in the UK. When the individual has spent a continuous period of five years in the UK as a Skilled Worker they will become eligible for settlement.

Fortunately, time spent in the UK under the Sole Representative overseas business visa route will be counted towards the required five-year residence.

The process of switching from a Sole Representative overseas business visa to a Skilled Worker visa should be routine and straightforward, as long as you are eligible and have no adverse immigration history. 

To boost your chances of being granted your Skilled Worker visa, it is always advisable to have an immigration lawyer review your application and evidence documents prior to submission. If you have a question about switching from a Sole Representative overseas business visa to a Skilled Worker visa or your UK immigration status, leave a message or contact us on 020 3865 6219.