Switching from partner to work visa

[Victoriasud]

I’m a non-EEA national who moved to the UK on March 2013 under a Spouse/Partner visa.

I've been married to my British husband since 2007 but since we moved to the UK from Canada our relationship deteriorated and we are now considering separation.

My visa is valid until November this year and I’d like to confirm if I could switch to the Tier 2 General visa. I have a very stable job in a multinational company and they are willing to sponsor my visa. My salary also meets the requirements.

Is it possible to switch to a work related visa when you are separated? Or would it need to be done only after divorce is completed?

Thanks!

[CR001]

From This link (Click) it appears that a spouse visa is not one of the visas that allows an in country switch to Tier 2.

Is your employer an approved Tier 2 sponsor and have a sponsor license? There is also a process they have to follow before they can issue you with a COS to start visa process.

Is it possible to switch to a work related visa when you are separated?

You can apply for any visa which you qualify for. Your relationship status is not an issue.

[Victoriasud]

My sponsor is "A" rated sponsor and based on my discussion with HR they are familiar with the application process, resident labour market test, etc.

I'm aware that I will need to apply from outside of the UK which is ok. I'm also aware of the potential issues that could happen during the RLMT test but my job is very specific and we have been trying to hire for a very similar role for 6 month without success.

My only concern is how UKBA will see the application as it's not the usual route and it would indicate an unresolved issue in my marriage (e.g. why would someone switch from Partner visa to Tier 2 when it's easier to get the British citizenship through marriage?).

From the UKBA website, it's clearly stated that applying for work visa is an option in case of separation but I have doubts about the best time to start the Tier 2 application process, considering that I am not yet separated.

Thanks

[stanley005]

can you kindly advise of any progress Victoriasud so that those of us in similar situation can benefit from your feedback and guidance