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Options after Tier 5 visa expires

Only for UK Tier 5 (Temporary work) points system
Also includes the Youth Mobility Scheme Tier 5

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pred02
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Options after Tier 5 visa expires

Post by pred02 » Tue Feb 07, 2017 11:27 am

Hi,

My gf is a Canadian and I am a UK citizen. She is currently on a Tier 5 visa due to expire in a couple of months. Her current employer cannot sponsor her for Tier 2, so she is looking for roles elsewhere. While this is our main strategy, what alternative options do we have if she does not find a job/role in time?

Once her visa expires, is she still allowed to stay in the UK 90 days as a tourist (no right to work)?

If we were to go down the marriage route, what are the key requirements/criteria? We have not been living together to-date.

Thanks!

noajthan
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Re: Options after Tier 5 visa expires

Post by noajthan » Tue Feb 07, 2017 11:31 am

If visa expires gf will be an overstayer.

As well as marriage you could look at:
  • Tier 1;
    Tier 4;
    move to Europe;
    move to Canada;
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Options after Tier 5 visa expires

Post by Casa » Tue Feb 07, 2017 11:36 am

Bear in mind that Tier 1 General is now closed.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: Options after Tier 5 visa expires

Post by CR001 » Tue Feb 07, 2017 11:54 am

Does she by any chance have a UK born grandparent?

Once her visa expires, she cannot just 'stay on' for 90 days. She must leave on or before her visa expires.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

pred02
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Re: Options after Tier 5 visa expires

Post by pred02 » Wed Feb 08, 2017 8:41 am

Thanks - what is the grace period before she is allowed to re-enter as a tourist?

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CR001
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Re: Options after Tier 5 visa expires

Post by CR001 » Wed Feb 08, 2017 3:38 pm

pred02 wrote:Thanks - what is the grace period before she is allowed to re-enter as a tourist?
There isn't really one but returning soon after Tier 5 expiry will raise a red flag. She has to convince IO that she is a 'genuine tourist' and based on what you re saying, she is not, especially after 2 years in the UK on Tier 5.

Does she have a UK born grandparent?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

pred02
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Re: Options after Tier 5 visa expires

Post by pred02 » Thu Feb 09, 2017 10:04 am

There isn't really one but returning soon after Tier 5 expiry will raise a red flag. She has to convince IO that she is a 'genuine tourist' and based on what you re saying, she is not, especially after 2 years in the UK on Tier 5.

Does she have a UK born grandparent?
She does not. There must be a period after which she will be allowed in the UK as a tourist. I understand that the border guard reserves the right to refuse entry to anyone despite having/not requiring a visa, but there should be guidance on cool of period after these visas (i.e. 90 days etc.)

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CR001
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Re: Options after Tier 5 visa expires

Post by CR001 » Thu Feb 09, 2017 10:43 am

pred02 wrote:She does not. There must be a period after which she will be allowed in the UK as a tourist. I understand that the border guard reserves the right to refuse entry to anyone despite having/not requiring a visa, but there should be guidance on cool of period after these visas (i.e. 90 days etc.)
There isn't guidance on a 'cooling off period'. She might not require a 'pre applied for visa' but she still enters the UK as a visitor and is stamped in as a visitor under the visa waiver programme. She must convince the IO she is a genuine visitor, which would be difficult given the circumstances you have described after Tier 5 expiry.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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