TIER 5 YOUTH MOBILITY MIGRANT

What happens when you are on a Tier 5 Youth Mobility VISA and it is running out (expiration in 5 months)?

As someone who has set-up a limited company in the UK - and as the director, is there any way I can stay here longer? i.e. Indef. Leave to Remain?

I'm Australian and been here 1.5 year now - loving it!

No, you do not qualify for Indefinite leave to remain and Tier 5 YMS does not lead to ILR anyway, unless included in 10 year long residence application for ILR.

You cannot switch to any work route visa within the UK.

The only visa you could possibly switch to within the UK is FLR(M) if you have a British spouse/partner or a partner who has ILR.

Do you have British born grandparents by any chance?

If your visa expires, you will need to leave the UK.

Dear CR001

Thanks for the reply.

You seem knowledgeable - are you a lawyer?

No, I'm not partnered with a UK national, here's the relationship info:

My partner is Moroccan.

He came to the UK to be with his wife (she is an EU national with UK business).

They lived in the UK for 1 month, then separated. They were married (at that point) for 3.5years.

After separating, they pursued lawyers and a divorce. They signed divorce papers in 2015.

In the interim, the Home Office gave him the right to remain in UK - but not work.

Fast forward to now: he's lived in the UK for 2 years.

His immigration lawyer (separate to divorce lawyer), took on his immigration case.

His lawyer is confident that he will get the right to remain in the UK. Apparently, having lived here for 2 years is good, even without divorce being processed/finalised.

Biometrics were requested and sent with latest Home Office application - he awaits reply.

From my understanding, if he gets some kind of Visa to live and work here, that's good. If his divorce comes through - that's even better.

I believe I could apply for a Spousal Visa if the above-mentioned occurs.

As of today, we have lived together for 1.6 years, in 5 months (my Visa expiry) it will be juuuust under 2 years.

What are your thoughts?

Thanks!

LondonLadyfromAus wrote:...

My partner is Moroccan.

He came to the UK to be with his wife (she is an EU national with UK business).

They lived in the UK for 1 month, then separated. They were married (at that point) for 3.5years.

After separating, they pursued lawyers and a divorce. They signed divorce papers in 2015.

In the interim, the Home Office gave him the right to remain in UK - but not work.

Fast forward to now: he's lived in the UK for 2 years.

His immigration lawyer (separate to divorce lawyer), took on his immigration case.

His lawyer is confident that he will get the right to remain in the UK. Apparently, having lived here for 2 years is good, even without divorce being processed/finalised.

Biometrics were requested and sent with latest Home Office application - he awaits reply.

...

Thanks!

What is this person's current visa status?

What immigration route was he on - EU or UK?
If EU-route, is that couple fully divorced yet? there may not be grounds for retaining residence rights in UK, it depends whether relevant RoR requirements have been met.
Or are they pursuing residency on basis of an EEA sponsor who has not been divorced yet?

If I understand your post correctly, it appears he is applying for retained right of residence (RoR) following divorce from his EU national wife. This in itself will be difficult if he is unable to provide ALL the documents relating to his EU spouse 'exercising treaty rights' up to and including the divorce.

RoR can only be applied for once the decree absolute has been granted and the marriage is dissolved.

Should he be granted RoR, he unfortunately cannot sponsor you for a spouse visa (under the UK immigration rules) as he is under the EU rules.

He would only be able to sponsor you for a visa once he has permanent residency and that requires 5 years residence in the UK.

I'll ask his lawyer these questions posed and get back to you both.

Thanks.

Also - CR, are you a lawyer?

Also you should be aware of an important issue. If your partner is waiting for his divorce absolute to be issued, you will obviously be unable to marry before then. There is now a requirement for a couple to register a marriage which involves a foreign national, with a Home Office designated Registry Office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview the couple should they choose to do so. An interview would be expected, partially due to the short time between your partner entering the UK as a family member under EEA Regulations and then separating after one month and then petitioning for divorce. Even more so as your YMS visa is close to expiry.
Even if the divorce absolute has been granted, your partner will be unable to sponsor you under EEA Regulations until he is issued with ROR and this takes time. The lawyer appears to be very optimistic regarding the 2 years residency.

Hey Casa - thanks that's really good information.

Yeah, we were conscious from the get go that the whole thing would be tricky, legally. But the most important thing, even more so than the UK - is just being together. So if worse comes to worse, we can move to Morocco or Australia. It's no big issue. But, for the sake of my new company and opportunity - it sure would be great to either come back for a few years - or stay

Are you a lawyer Casa?

Thanks

Neither Casa or myself are lawyers.

CR001 wrote:Neither Casa or myself are lawyers.

Perish the thought!

Casa wrote:

CR001 wrote:Neither Casa or myself are lawyers.

Perish the thought!

As good as I would be in that field, I think I would rather sweep the streets than be an actual lawyer, especially as I do work in the legal field and have first hand experience of 'no common sense'

CR and Casa you made me laugh!

I too used to work in the legal field, and I agree re lack of common sense. Not to mention, I'm far too much of a softie for that arduous line of work - gosh, the hours! And the hardness of it all. Yikes!

I appreciate your input so much you guys, how did you get to be so familiar with immigration by the way?

Needs must when setting out on my (Moroccan) husband's route to settlement/BC 10 years ago! ......

Experience of going through the processes and then just learning other stuff as we go along. Myself being UK Ancestral visa, spouse visa, ILR and then Citizenship. All processes for myself and my daughter and my parents too.

Please answer my question about UK born grandparents, it would be useful to know.

...and try to get a handle on what that lawyer is up to - what path is s/he is launching the client on: EU (RoR or ??) or UK?

Casa! You had or have a moroccan spouse?? Do tell how that all went down! Would be interested to know!

CR yes I do have UK ancestry - unfortunately it's a few generations back however.

Both my parents were born in Australia, however, let's go back:

My Mums Mother and Father were born in Australia.
My Dads Mother and Father were born in Australia.

Mums Mothers Mother, was born in Italy.
Mums Mothers Father, was born in England.
Mums Fathers Mother, was born in Ireland.
Mums Fathers Father, was born in Ireland.

Dads Mothers Mother, was born in Germany.
Dads Mothers Father, was born in England.
Dads Fathers Father, was born in England.
Dads Fathers Mother, was born in England.

My partner and I have emailed the lawyer to find out the technicalities of the route he's taken. I will reply as soon as I know.

Thanks sooo much for the replies - and it's great knowing others have gone through immigration processes...

That is a shame. Ancestry visa route is not available to you then. Would have been the easiest option.

The story in brief...2003 both living in Spain, married there...moved to UK 2006, FLR(M) in 2008 (due to unexpected introduction of Life in the UK test ), test passed 2009, ILR issued, followed shortly after by BC as I'm a Brit Much shorter route to settlement & BC back then.

Yes tis a shame re background! Dang it! But you'd think, being part of the Commonwealth that there would be a little more leeway regarding ancestry. Poop.

Anyhoo! Thats a gorgeous and inspiring story Casa Lovely when love works out! You'll have to fill me in onthe acronyms tho, all i know is ILR indef leave to remain - the others, not so sure...lol sorry

FLR(M) = Further Leave to Remain
ILR = Indefinite Leave to Remain (Permanent residency)
BC = British citizenship

Thank you Casa! Now your message makes even more sense haha.

Gosh, I really don't want to go back to Australia. Especially without him. I wonder if we can just go to Morocco? We do intend to marry when the time is reasonable.

Right now we just want to stay together at least. I don't think I could stand being far from him!

I lived a relatively simple life back in Aus - i had no idea how complex and political immigration in the UK would be.

Here's hoping something miraculous happens in the next 5 months!

Also - do I unequivocally have to return to Australia?

What if I went to Morocco with my partner, when my VISA expires - as a tourist in Morocco? My passport is still valid for years...

Also - if I wanted to apply for say, entrepreneur (and therefore resident) status in Ireland or Canada, would I have to apply from Aus?

I just read something very interesting about best countries for entrepreneurs. Have a look, tell me what you think:

http://blog.migreat.com/2015/01/09/coun ... s-in-2015/

Hey All!

Just want to provide an update.

My partners formal divorce is now FINAL. It took a long time but it's now done.

As for the route the lawyer is taking EU, ROR or something else I haven't had a reply from his lawyer. But he will see his lawyer soon and have an answer for you guys.

Yay one part of good news! Yipee!