Tier 2 General to Tier 2 dependant (unmarried partner)

[Alex88]

Hi guys,

Sorry if my question will be repeated, but I could not find similar case on this forum.

My situation is that I’m Tier 2 general holder, but in the process of redundancy, so within around 90 days my visa won’t be valid anymore. I have a girlfriend who is holding Tier 2 general visa and we live together for the last 3 years and we have enough evidences to prove our genuine relationship (bills, flat contracts etc.)

My questions is:

1. Is it possible for me to switch to Tier 2 unmarried partner visa inside of the UK?

That’s what I found on gov.uk site:
Dependants (of Tier 2 general) applying in the UK on their own
Your dependants can apply to extend or switch their visas to stay with you if they’re already in the UK.

However I had a call with 2 immigration lawyers today and both of them said that I would need to leave the country in order to apply for this category of visa.

I’m really confused and I would really appreciate if someone could answer my question.

[deathgaze1]

You can apply to switch in country I believe. As far as I can see, the only exception was if you were on a Visitor Visa, which you are not.

Please see below extract from Gov.UK Website:

Dependants applying in the UK on their own
Your dependants can apply to extend or switch their visas to stay with you if they’re already in the UK.

Dependants applying on their own can:

apply online - dependant partner application
apply by post - download the form (the address is on the form)
They can also ask to use the priority service.

For the premium service, apply by post.

It’s best to send your dependants’ applications at the same time as yours but they can apply at a later date.

Your family members can’t apply in the UK as your dependant if they hold a visitor visa.

[Alex88]

Please see below extract from Gov.UK Website:

Dependants applying in the UK on their own
Your dependants can apply to extend or switch their visas to stay with you if they’re already in the UK.

Dependants applying on their own can:

apply online - dependant partner application
apply by post - download the form (the address is on the form)
They can also ask to use the priority service.

For the premium service, apply by post.

Hi deathgaze1,

Thank you for you answer, you've quoted exactly the same part as I mentioned above. From what is written on the gov.uk site it seems like I can apply from inside of the country, I just can't understand why both lawyers working for different agencies told me that I have to apply from outside. Maybe they know something that I could not find. Maybe it's related to the fact that we are unmarried couple, but if I we would be married than I could apply from within UK?

It’s best to send your dependants’ applications at the same time as yours but they can apply at a later date.

Your family members can’t apply in the UK as your dependant if they hold a visitor visa.

[deathgaze1]

If you have a read through the application form and the guidance notes, unmarried partners can apply as well.

Who should be applying using this
form?
This application form should only be completed by individuals who are already in the United Kingdom.

You should use this form if you are:
• Currently in the United Kingdom as the dependant spouse, civil partner, unmarried or same-sex partner or child of a person in another immigration category who has, or is at the same time applying for, leave to remain as a PBS migrant.

[Alex88]

If you have a read through the application form and the guidance notes, unmarried partners can apply as well.

Who should be applying using this
form?
This application form should only be completed by individuals who are already in the United Kingdom.

You should use this form if you are:
• Currently in the United Kingdom as the dependant spouse, civil partner, unmarried or same-sex partner or child of a person in another immigration category who has, or is at the same time applying for, leave to remain as a PBS migrant.

Thanks mate, tomorrow I will meet those lawyers anyway, I will show them those documents and ask to prove with evidences their point of view. If they won't be able to do it, for sure I won't proceed with them. I'll their answers here.

[Alex88]

Hey guys,

Just an update about switching to unmarried partner visa from Tier 2 general. As deathgaze1 mentioned as well as I suspected this route is allowed to apply within the UK. The lawyers who told me that this was impossible were wrong and apologised for this, as they mentioned those changes happened recently and this case is not so common that's why not all of them were aware of those changes.

[krisy30]

Hi,
Your lawyer is right. You will not be able to change your visa status from Tier 2 to Dependent visa from within the country.
The clause clearly states that if you are the holder of Tier 2 visa then you cannot change it to Dependent Visa.
You will need to leave the country for 6 months before you can apply for dependent visa.
However, if you are a holder of any other visa than you can be in UK to change it to dependent visa.

I was in the same situation as you just a year ago. I can give you some advice from my experience.
PM me if you would like more information.

Krisy30