Switching From Student Visa To Skilled Worker Visa 2024
On 17 July 2023, the UK Home Office announced new immigration rules regarding switching from a student visa to a skilled worker visa.
As per the new immigration rules announced on 17 July 2023, a student will need to complete their course to switch from a student visa to a skilled worker visa inside the UK. You can read our full article on new changes regarding switching from a student visa to a skilled worker visa after July 2023.
If you require Immigration Advice Services or help switching from a student visa to a skilled worker visa, please contact +441614644140 or email us at info@deluxelawchambers.co.uk for skilled worker visa switching from student visa advice. You can book an appointment online for a detailed immigration consultation.
Our skilled worker visa lawyers in Manchester can assist you with switching your application from a student visa to a skilled worker visa. At Deluxe Law Chambers, we are a team of trusted and affordable skilled worker visa lawyers and solicitors specialising only in UK visas and immigration.
Who cannot switch to a skilled worker visa?
People in the UK on another immigration route can ‘switch’ (change route) to the Skilled Worker route if they meet all the relevant immigration requirements and were not last granted permission:
- as a Visitor
- as a Student, unless they meet the additional rules for people switching
from the Student route (as set out below) - as a Short-term student
- as a Parent of a Child Student
- as a Seasonal Worker
- as a Domestic Worker in a Private Household
- outside the Immigration Rules
You might be able to apply to change (‘switch’) to a Skilled Worker visa if you’re already in the UK on a different type of visa.
Your partner or child’s visa will not automatically switch to this visa if you switch yours. If they do not switch their visa, it will be valid until its original end date.
Contents
Switching from A student visa to A skilled worker visa
If you wish to apply for permission to stay (from within the UK) and you have, or last had, permission as a Student (including as a Tier 4 (General) Migrant), you must meet one of the following conditions on the date you make your skilled worker application to be allowed to switch to the Skilled Worker route:
- they must have completed the course of study for which they were being sponsored as a Student
- they must be studying a full-time course of study at degree level or above with a higher education provider which has a track record of
compliance, and the start date on their CoS must be no earlier than the course completion date - they must be studying a full-time course of study leading to the award of a PhD with a higher education provider which has a track record of
compliance, and the start date on their CoS must be no earlier than 24 months after the start date of their PhD
Duties of the sponsor licence holder before issuing the CoS
It is now the duty of the UK sponsor licence holder to make sure that if you wish to sponsor a worker who has, or last had, permission as a Student, you must carefully check they can meet one of the above conditions before you assign a CoS to them. If they do not meet one of these conditions, they will not be permitted to switch.
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The following changes will take effect at 1500 on 17 July 2023, Any other applications made before 17 July 2023, will be decided in accordance with the Immigration Rules in force on 16 July 2023.
Can I switch from student visa to Skilled Worker visa?
Yes, you can switch to a skilled worker visa from student visa if you meet on of the following conditions:
Condition A: the applicant must have completed the course of student for which the CAS letter was assigned; OR
Condition B: the applicant must be studying a full-time course of study at degree level with a higher education provider which has a track record of compliance and the certificate of sponsorship start date must not be earlier than the course completion date; OR
Condition C: the applicant must be studying a full-time course of study study leading to the award of PhD with a higher education provider which has a track record of compliance and the certificate of sponsorship start date must not be earlier than 24 months after the start date of the course.
Requirements For Switching Into Skilled Worker Visa UK
The applicant must meet the following requirements of the Immigration Rules to successful switch into Skilled Worker visa from inside the UK:
Valid Application
The applicant must submit a valid application for switching into skilled worker visa from inside the UK.
Valid Certificate of Sponsorship (CoS)
The applicant must have a certificate of sponsorship that was issued to them by their sponsor no more than 3 months before the date of application.
Points Requirement
The applicant must score 50 points from mandatory non-tradeable points and score at least 20 points from tradeable points.
Applicant’s Age
The applicant must be aged 18 or over at the date of application for switching into skilled worker visa.
Mandatory Non-Tradeable Points For Switching Into Skilled Worker Visa (50 Points Required)
The applicant must score 50 mandatory non-tradeable points to succeed in an application for switching into Skilled Worker visa and the remaining 20 can be scored from tradable points. The mandatory non-tradeable points are given in the table below:
| Characterstics | Points |
| Sponsorship | 20 |
| Job at appropriate skill level | 20 |
| English language skills at level B1 (intermediate) | 10 |
Salary thresholds for CoS assigned on or after 4 April 2024
The table below summarises Skilled Worker salary thresholds and points options for Certificates of Sponsorship (CoS) assigned on or after 4 April 2024. See section SK6 for detailed guidance on the requirements for these points options.
| A | Salary must meet or exceed all of: • £38,700 (general threshold) • the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations • £15.88 per hour | Salary only |
| B | Salary must meet or exceed all of: • £34,830 per year; • 90% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations • £15.88 per hour | Relevant PhD |
| C | Salary must meet or exceed all of: • £30,960 per year; • £15.88 per hour; and • 80% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations. | Relevant PhD in a STEM subject |
| D | Salary must meet or exceed all of: • £30,960 per year; • £15.88 per hour; and • the full going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations | Job in Appendix Immigration Salary List |
| E | Salary must meet or exceed all of: • £30,960 per year; • £15.88 per hour; and • 70% of the going rate for the occupation code as stated in Table 1 of Appendix Skilled Occupations | New entrant |
| F | Salary must meet or exceed all of: • £29,000 (general threshold) • the full going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations. • £11.90 per hour | Salary only (Health and Care ASHE salary job or transitional provision) |
| G | Salary must meet or exceed all of: • £26,100 (general threshold) • 90% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations • £11.90 per hour | Relevant PhD (Health and Care ASHE salary job or transitional provision) |
| H | Salary must meet or exceed all of: • £23,200 (general threshold) • 80% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations • £11.90 per hour | Relevant PhD in a STEM subject (Health and Care ASHE salary job or transitional provision) |
| I | Salary must meet or exceed all of: • £23,200 (general threshold) • the full going rate for the occupation code as stated in Table 2 of Appendix Skilled Occupations • £11.90 per hour | Job in Appendix Immigration Salary List (Health and Care ASHE salary job or transitional provision) |
| J | Salary must meet or exceed all of: • £23,200 (general threshold) • 70% of the going rate for the occupation code as stated in Table 2 or 2a of Appendix Skilled Occupations • £11.90 per hour | New entrant (Health and Care ASHE salary job or transitional provision) |
| K | Salary must meet or exceed both: • £23,200 (general threshold) • the full going rate for the occupation code as stated in Table 3, 4 or 5 of Appendix Skilled Occupations | Eligible health or education occupation code |
Priority or Super Priority Service For Switching from student visa to Skilled Worker Visa
As specialist skilled worker visa lawyers based in Manchester, can prepare and submit your application for switching into skilled worker visa to receive a decision within 24 hours if you submit your application through Super Priority Service or within 5 working days if you submit your application through Priority Service.
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