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Who Can and Cannot Switch to the Skilled Worker Visa Route

Guidance on who is eligible to switch to Skilled Worker Visa.

R
Written by Rona
Updated over 2 weeks ago

πŸ”„ 1. Visa Routes That Can Switch to the Skilled Worker Visa

The following categories can switch inside the UK, provided they meet all Skilled Worker requirements (job, salary, SOC code, English etc.):

βœ”οΈ Eligible to Switch

  • Student visa (Tier 4 / Student Route) – BUT ONLY if the course is completed or certain conditions are met (see this support article for guidance)

  • Graduate visa

  • Tier 2 (General) or previous Skilled Worker

  • Tier 5 / Temporary Worker routes, except seasonal workers

  • Global Talent (if choosing to move routes)

  • Start-up visa holders

  • Innovator Founder

  • Dependant visas (including dependants of Skilled Workers, Students, etc.)

  • UK Ancestry visa

  • Youth Mobility Scheme (YMS)

  • Overseas Domestic Worker visa (only in limited circumstances)

If unsure, we recommend checking:

  • Whether the visa explicitly states β€œNo switching into work routes,” or

  • Whether the candidate has full right to work already.

🚫 2. Visa Routes That Cannot Switch to the Skilled Worker Visa

Some visas do not allow in-country switching. Candidates in these categories must leave the UK and apply from overseas instead.

❌ Not Eligible to Switch

  • Visitor visa / Standard visitor visa (tourism, business, family visits)

  • Short-term study visas

  • Seasonal Worker visa

  • Domestic Workers in a Private Household (in most cases)

  • Parent of a Child Student visa

  • Those on immigration bail

  • Candidates with an ARC (Application Registration Card) where asylum is not yet decided

  • Any visa that prohibits employment or switching

These individuals cannot submit a Skilled Worker application from inside the UK - they must apply from abroad once eligible.

πŸ›‚ 3. Special Note: Asylum Seekers, Refugees & ARC Cards

This is one of the most misunderstood categories.

🟨 ARC Card Holders (Asylum Claim Pending)

  • Cannot switch to the Skilled Worker visa

  • They must wait for the Home Office to make a decision

  • Work permission depends on whether it is granted on their ARC

🟩 Individuals Granted Asylum or Refugee Status

Once asylum is granted:

  • They have full Right to Work

  • They do not need to apply for a Skilled Worker visa

  • Employers can hire them directly under their refugee status

  • They may still choose a Skilled Worker visa, but it is usually unnecessary

Employers should:

  • Ask for proof of status

  • Carry out standard Right to Work checks

πŸ›‘ 4. Visa Types Where Switching Causes Common Confusion

Visa Type

Can They Switch?

Notes

Visitor / Tourist

❌ No

Must apply from overseas

Short-term student

❌ No

Not permitted to switch

Graduate route

βœ”οΈ Yes

Very common transition

Student visa

βœ”οΈ Sometimes

Must meet completion rules

Dependant visas

βœ”οΈ Yes

Straightforward route

ARC Card

❌ No

Asylum must be decided first

Refugee status granted

βœ”οΈ Already has RTW

Does not require Skilled Worker

Seasonal worker

❌ No

Must apply outside the UK

Youth Mobility Scheme

βœ”οΈ Yes

Popular switching route

Start-up / Innovator Founder

βœ”οΈ Yes

If requirements met

πŸ’‘ 5. Employer Tips to Avoid Compliance Issues

πŸ” Always confirm the candidate’s current visa type

  • Ask for their BRP/visa share code before offering sponsorship.

πŸ“… Check any switching restrictions

  • Some visas allow work but do not allow switching.

🧾 If the candidate has refugee status, avoid unnecessary sponsorship

They already have:

  • Full Right to Work

  • No immigration restrictions on employment

πŸ›« For those who cannot switch, explain clearly

  • They must exit the UK and apply using a Defined CoS from overseas.

πŸ’¬ Need help or an update? - Open the Support tab at the bottom right of your screen to contact our team directly.

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