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Visitor to other immigration category transition (UK — Student, Skilled Worker, Spouse)
Most route switches from Visitor require leaving the UK and applying entry clearance for the new route. Covers the inland switching prohibition under paragraph V 4.7, the limited exceptions, and timing for offshore reapplication.
UKVisitor visaInland switchingV 4.7Student switchSkilled Worker switchSpouse switch
[CLIENT_NAME] is on [CURRENT_VISITOR_TYPE] leave expiring [CURRENT_LEAVE_EXPIRY] and wishes to switch to [TARGET_ROUTE]. Trigger: [TRIGGER_EVENT]. Current location: Inside UK on visitor leave. Advise on the lawful path.
§1 - GENERAL RULE: NO INLAND SWITCHING FROM VISITOR
Paragraph V 4.7 of Appendix V (and route-specific switching rules in Appendix Student, Appendix Skilled Worker, Appendix FM, etc.) impose a near-universal prohibition on switching from Visitor leave to most settled / work / study routes from inside the UK.
The applicant typically MUST:
(a) Leave the UK before or by [CURRENT_LEAVE_EXPIRY]
(b) Apply for entry clearance to the new route from outside UK (typically the country of nationality - India for Indian applicants)
(c) Re-enter UK on the new visa
DO NOT:
- Stay in UK past [CURRENT_LEAVE_EXPIRY] hoping a switch application will be processed
- File a new in-country application thinking it grants 3C leave (3C does NOT apply for invalid switch applications)
- Marry / cohabitate / start work in UK while on Visitor leave (V 4.4 prohibited activities)
§2 - LIMITED EXCEPTIONS WHERE INLAND SWITCHING IS PERMITTED
Specific routes where switching from Visitor IS possible (verify against current Immigration Rules):
(a) Standard Visitor -> Private Medical Treatment Visitor (within Visitor route itself):
Permitted in exceptional cases where treatment unexpectedly needed during visit. Apply via FLR(IR) before [CURRENT_LEAVE_EXPIRY].
(b) Standard Visitor -> Visitor for Private Medical Treatment extension:
As above.
(c) Standard Visitor -> Skilled Worker:
NOT PERMITTED from inside UK. Must leave and apply offshore (Appendix Skilled Worker para SW 7.1 prohibits switching from Visitor).
(d) Standard Visitor -> Student:
NOT PERMITTED for substantive Student route. Limited exceptions: Visitor undertaking incidental study can sometimes switch to short-term Student if specific conditions met. For substantive Student route: leave and apply offshore.
(e) Standard Visitor -> Spouse (Appendix FM):
NOT PERMITTED from inside UK. Must leave and apply offshore. (Marriage Visitor specifically prohibits this; Standard Visitor implicitly does.)
(f) Standard Visitor -> Innovator Founder / Global Talent / Start-up:
NOT PERMITTED from inside UK. Must leave and apply offshore.
(g) Standard Visitor -> Ancestry visa:
NOT PERMITTED from inside UK. Must leave and apply offshore.
(h) Standard Visitor -> Hong Kong BN(O) visa:
Specific rules - generally requires offshore application.
State explicitly for [TARGET_ROUTE]: SWITCHING PERMITTED INLAND / NOT PERMITTED - LEAVE AND APPLY OFFSHORE.
§3 - WHY THE RULE EXISTS
Visitor route is designed for short-term visits with no settlement intention. Allowing inland switching would:
(a) Undermine the entry clearance regime offshore
(b) Allow applicants to enter on a low-evidence Visitor decision and upgrade once inside
(c) Risk gaming of the immigration system via visit-as-pretext
UKVI policy is to require the substantive route assessment to happen offshore where the applicant's home-country evidence is fresh.
§4 - PRACTICAL TRANSITION PLAN
Step 1 - Confirm target route entry clearance eligibility:
Cross-reference [TARGET_ROUTE] requirements (qualifications, sponsorship, financial threshold). Confirm [TRIGGER_EVENT] satisfies entry-clearance threshold, not just an "interest" stage.
Step 2 - Plan departure from UK by [CURRENT_LEAVE_EXPIRY]:
Confirm flight booked + departure within authorised leave. Overstaying by even 1 day risks paragraph 9.7 / 9.8 future-application bars (1, 2, 5 or 10 year ban depending on overstay duration and circumstances).
Step 3 - Gather offshore application evidence:
From India:
- For Student: CAS, financial maintenance (28-day consecutive balance rule), academic qualifications, English language proof (IELTS for UKVI), ATAS if applicable
- For Skilled Worker: CoS from licensed sponsor, English language B1, salary at or above going rate + general threshold (currently GBP 38,700 as of April 2024 for most occupations - verify current threshold), maintenance (GBP 1,270 if not certified by sponsor)
- For Spouse (Appendix FM): English language A1, financial requirement (GBP 29,000 minimum income for partner since April 2024 - verify; reduced if British citizen partner is also overseas), accommodation, genuine subsisting relationship evidence
Step 4 - Lodge offshore application at VFS Global India:
Same biometrics flow as Visitor (slot 2). Fees, IHS where applicable, processing times differ by route.
Step 5 - Re-enter UK on new visa.
§5 - INNER-UK SWITCHING WHERE IT IS PERMITTED
For routes where inland switching IS permitted (not from Visitor base, but from other in-country leave bases - e.g. Student to Skilled Worker post-graduation), the FLR / SET applications use s.3C Immigration Act 1971 to extend leave during processing. THIS IS NOT AVAILABLE FROM VISITOR LEAVE because the underlying inland-switching rule prohibits the switch.
§6 - HARD-CASE SCENARIOS
(a) Applicant married during visit (Marriage Visitor):
- Marriage Visitor cannot apply for spouse leave inside UK
- Must depart by leave expiry, apply for Spouse visa from India
- Marriage in UK has no immigration effect on Visitor leave - leave is still Visitor leave
(b) Applicant offered job during visit (Standard Visitor):
- Cannot start work in UK (V 4.4 prohibits work for UK business)
- Cannot apply inland for Skilled Worker
- Employer obtains CoS; applicant departs; applies offshore
(c) Applicant got pregnant during visit, partner is British:
- Cannot apply inland for spouse / partner leave from Visitor
- Must depart, apply offshore for Appendix FM
- Pregnancy alone does not unlock inland switching
(d) Applicant family member granted asylum during visit:
- Cannot switch inland based on family link unless under specific Asylum / Humanitarian Protection rules
- Seek specialist solicitor advice
(e) Applicant unexpectedly needs medical treatment:
- May be able to extend within Visitor route (FLR(IR)) as Private Medical Treatment
- Apply before [CURRENT_LEAVE_EXPIRY]
- Medical consultant + costs evidence required
(f) Applicant unexpectedly needs to start short-term study:
- Up to 30 days incidental study is permitted within existing Visitor leave
- Beyond 30 days requires Short-term Student or Student route - typically offshore
§7 - IF ALREADY OVERSTAYED
If Inside UK on visitor leave indicates applicant has already overstayed [CURRENT_LEAVE_EXPIRY]:
- Paragraph 39E discretion: applies only to in-country FLR-style applications within 14 days where good reasons exist (rarely useful for Visitor cases)
- Voluntary departure within 30 days of expiry: no automatic re-entry ban typically (verify)
- Voluntary departure beyond 30 days but within 6 months: 1-year re-entry ban under paragraph 9.8.2
- 6 months to 1 year overstay: 5-year ban
- 1 year to 2 years overstay: 10-year ban
- Deportation / removal: 10-year ban + re-entry restrictions
Advise immediate departure if overstayed. Engage solicitor before any re-entry attempt.
§8 - DECISION FOR [CLIENT_NAME]
State a single recommended path:
- "Depart by [CURRENT_LEAVE_EXPIRY], apply offshore for [TARGET_ROUTE] from India" - default
- "Apply for FLR(IR) extension before [CURRENT_LEAVE_EXPIRY] to convert to Private Medical Treatment Visitor" - if medical exception applies
- "Engage solicitor for human-rights claim assessment" - if exceptional circumstances (rare)
- "Depart immediately - overstayed; do not file invalid in-country application" - if Inside UK on visitor leave shows overstay
Identify the 3 key steps in next 30 days.
§9 - DOCUMENTATION TO CARRY ON DEPARTURE
- Boarding pass / departure stamp (some routes via airline; otherwise eGates record)
- Confirmation email of departure for own file
- Save proof of timely departure for use in future visa applications
End with: "DRAFT transition advisory - for OISC-regulated adviser or solicitor review. Inland switching prohibitions are tight and route-specific; verify against the current Immigration Rules text for [TARGET_ROUTE] before advising. The Standard Visitor route is non-extendable beyond its specific sub-category rules - exhausting Visitor leave and reapplying offshore is the conservative default. Not legal advice."Unlock the vault to see the full prompt