Can anyone help? I am a NZ citizen who has been living in the UK for almost 8 years on different visa types (2 years working holiday, 2 years work sponsored visa, 2 years Highly Skilled Migrant Visa and now 1.5 years on a spouse visa [married to a British national]). I work as a doctor in specialty training with the NHS.

My wife and I are separating and thus I will not achieve the necessary 2 years of marriage to gain indefinite leave to remain under the spouse visa. My employer is about to obtain a Tier 2 (general) certificate of sponsorship to allow them to sponsor me. I had planned to then apply for a Tier 2 visa. However the immigration enquiry bureau told me today that I cannot switch in-country from a spouse visa to a Tier 2 visa and that I would have to return to NZ and apply for a new Tier 2 visa from there.

Does anyone know of a way I can switch whilst in country, or have any other suggestions for options I might explore? I am concerned that if I leave the country I will struggle to get back in to complete my training.

Thanks so much
Dan