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YMS to Spouse Visa within UK - incorrect advice?

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

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mrlost1991
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YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Wed May 23, 2018 2:04 pm

Rang Home Office enquiries twice using this number: 0300 123 2241

Both times two different agents told me that it is NOT possible to switch to the spouse visa from youth mobility visa within the UK.

I have consulted with 3 different immigration lawyers because and obviously there is plenty of evidence online of people doing this. Has anyone experienced this?

After me insisting a frankly getting pissed off with the second agent they contacted their help desk who told them that it is possible. I didn't even get an apology!

Is there anyone on this forum that has gone through YMS to Spouse visa switch from within UK?

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Wed May 23, 2018 2:07 pm

Yes it is possible, many have done it. If you meet the requirements, you can switch to a spouse visa within the UK.

Important to note that the call centre is an outsourced agent and they often give out incorrect information and take no responsibility for it.
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Wed May 23, 2018 2:23 pm

CR001 wrote:
Wed May 23, 2018 2:07 pm
Yes it is possible, many have done it. If you meet the requirements, you can switch to a spouse visa within the UK.

Important to note that the call centre is an outsourced agent and they often give out incorrect information and take no responsibility for it.
Thank you.

Maybe you could answer a couple of my questions?
- Some of my evidence is under a different name (I went by a different name a year ago). Would this be an issue? All the evidence for the past 5 months (marriage certificate, rental agreement, wage slips, bank statements etc) are all under my CURRENT legal name.
- Accommodation requirement on the visa application has a really weird wording which suggests that we must have lived together for two years but we have only lived together for a year?

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Wed May 23, 2018 2:26 pm

- Some of my evidence is under a different name (I went by a different name a year ago). Would this be an issue? All the evidence for the past 5 months (marriage certificate, rental agreement, wage slips, bank statements etc) are all under my CURRENT legal name.
What do you mean a 'different name'? How different from your official/legal name? Did you do a deed poll to change your name?
- Accommodation requirement on the visa application has a really weird wording which suggests that we must have lived together for two years but we have only lived together for a year?
The 2 year cohabitation is ONLY required for unmarried partner visa and NOT for a first spouse visa if you are married.
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Wed May 23, 2018 2:30 pm

CR001 wrote:
Wed May 23, 2018 2:26 pm
- Some of my evidence is under a different name (I went by a different name a year ago). Would this be an issue? All the evidence for the past 5 months (marriage certificate, rental agreement, wage slips, bank statements etc) are all under my CURRENT legal name.
What do you mean a 'different name'? How different from your official/legal name? Did you do a deed poll to change your name?
- Accommodation requirement on the visa application has a really weird wording which suggests that we must have lived together for two years but we have only lived together for a year?
The 2 year cohabitation is ONLY required for unmarried partner visa and NOT for a first spouse visa if you are married.
I changed my foreign name to an English one via deedpoll and went by that name for 4 years. Recently I switched back to my birth name again via deedpoll but I dropped the middle name.

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Wed May 23, 2018 2:36 pm

You will likely need to submit evidence of the name change as HO does check HMRC records etc.

Are you British/EU or ILR holder?? Your post doesn't say.
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Wed May 23, 2018 2:39 pm

CR001 wrote:
Wed May 23, 2018 2:36 pm
You will likely need to submit evidence of the name change as HO does check HMRC records etc.

Are you British/EU or ILR holder?? Your post doesn't say.
British. Yeah I haven't done a good job with updating HMRC with my latest change. I get council tax/bills in my latest name though

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Wed May 23, 2018 2:41 pm

No proof of 'two years cohabitation' required if you are married, so don't stress too much.

Make sure you submit evidence of your name changes. HO don't really like 'multiple ID' type situations.
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Wed May 23, 2018 2:45 pm

CR001 wrote:
Wed May 23, 2018 2:41 pm
No proof of 'two years cohabitation' required if you are married, so don't stress too much.

Make sure you submit evidence of your name changes. HO don't really like 'multiple ID' type situations.
Ideally I need someone from HO to consult this on because our case is quite unique but I am just not sure what to do. 2 of my wage slips and bank statement will also have my old name on them so I'm not sure I will be able to escape revealing that I went under a different name at some point. Surely my name changes should have no effect on my wife's application?

If I swear under oath and submit an affidavit that I went under a different name would this strengthen the application?

Could you recommend a lawyer that has dealt with YMS to Spouse switches because please?

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Wed May 23, 2018 2:49 pm

Ideally I need someone from HO to consult this on because our case is quite unique but I am just not sure what to do.

HO don't offer immigration advice unfortunately. The guidance notes and immigration rules are fairly clear.
2 of my wage slips and bank statement will also have my old name on them so I'm not sure I will be able to escape revealing that I went under a different name at some point. Surely my name changes should have no effect on my wife's application?
It should not affect the application no, but you will need to provide evidence of your name changes, i.e. deed polls. Presumably your British passport is in the most recent name?
If I swear under oath and submit an affidavit that I went under a different name would this strengthen the application?
No.
Could you recommend a lawyer that has dealt with YMS to Spouse switches because please?
Under the forum T&Cs, members are not permitted to post names and details of solicitors or immigration advisors. It is not a difficult application to make and perhaps you are overthinking it a bit. Free advice available on the forum too :wink:

If you meet the financial requirements and can accommodate yourselves adequately, you should have no issues.

Not sure what nationality your spouse is though as they might need to do the English test if not from an exempt country.
Char (CR001 not Casa)
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Wed May 23, 2018 2:51 pm

CR001 wrote:
Wed May 23, 2018 2:49 pm
Ideally I need someone from HO to consult this on because our case is quite unique but I am just not sure what to do.

HO don't offer immigration advice unfortunately. The guidance notes and immigration rules are fairly clear.
2 of my wage slips and bank statement will also have my old name on them so I'm not sure I will be able to escape revealing that I went under a different name at some point. Surely my name changes should have no effect on my wife's application?
It should not affect the application no, but you will need to provide evidence of your name changes, i.e. deed polls. Presumably your British passport is in the most recent name?
If I swear under oath and submit an affidavit that I went under a different name would this strengthen the application?
No.
Could you recommend a lawyer that has dealt with YMS to Spouse switches because please?
Under the forum T&Cs, members are not permitted to post names and details of solicitors or immigration advisors. It is not a difficult application to make and perhaps you are overthinking it a bit. Free advice available on the forum too :wink:

If you meet the financial requirements and can accommodate yourselves adequately, you should have no issues.

Not sure what nationality your spouse is though as they might need to do the English test if not from an exempt country.
Canadian so no English test required!

My passport is in my most recent name.

Thank you very much for your help.

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Wed May 23, 2018 2:53 pm

Sounds good and you have the deed polls too so shouldn't be an issue either.
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Thu May 24, 2018 9:43 am

CR001 wrote:
Wed May 23, 2018 2:53 pm
Sounds good and you have the deed polls too so shouldn't be an issue either.
Just one more question please :)

Where can I find a letter template for:
- Letter from employer
- Letter from landlord
- Support letters from family/friends

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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by CR001 » Thu May 24, 2018 9:47 am

Where can I find a letter template for:
There are no 'templates' for every letter.
- Letter from employer
It simply needs to state your name, address, job title, annual salary, how long you have been employed etc.
- Letter from landlord
Needs to simply state you can both live there. If you have a tenancy in joint names, the letter might not be needed.
- Support letters from family/friends
Not required and irrelevant.
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.

mrlost1991
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Re: YMS to Spouse Visa within UK - incorrect advice?

Post by mrlost1991 » Thu May 24, 2018 10:09 pm

CR001 wrote:
Thu May 24, 2018 9:47 am
Where can I find a letter template for:
There are no 'templates' for every letter.
- Letter from employer
It simply needs to state your name, address, job title, annual salary, how long you have been employed etc.
- Letter from landlord
Needs to simply state you can both live there. If you have a tenancy in joint names, the letter might not be needed.
- Support letters from family/friends
Not required and irrelevant.
I have prepared a first draft of the application form it doesn't seem too bad. What has confused me is that it asked me for my (sponsor) salary and then asked if I have been making that amount for the past 6 months. I can't answer yes to that because I recently got a pay rise - but if I answer no would that count against me?

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