Tier 2 to Tier 5

nagomi · Post by **nagomi** » Sat Sep 03, 2016 10:08 am

I am currently on Tier 2 (General), valid until mid-October. I need to wait until at least end of 2017 before I can apply for ILR through 10years long residence.

If I resign before my current leave expires, and apply for Tier 5 (YM),

1. Can I submit the application whilst I am still in the uk? Then leave the uk & wait for decision.

2. In order to be able to return to the UK asap, how long should I put as intended travel date.

3. Will there be any potential risk that my Tier 5 application could be rejected? My worry is my intention isn't for temporary stay but I need a visa to let me stay in the UK until end of 2017 before I can apply for ILR.

Thanks!

Casa · Post by **Casa** » Sat Sep 03, 2016 10:56 am

nagomi wrote:I am currently on Tier 2 (General), valid until mid-October. I need to wait until at least end of 2017 before I can apply for ILR through 10years long residence.

If I resign before my current leave expires, and apply for Tier 5 (YM),

1. Can I submit the application whilst I am still in the uk? Then leave the uk & wait for decision.

2. In order to be able to return to the UK asap, how long should I put as intended travel date.

3. Will there be any potential risk that my Tier 5 application could be rejected? My worry is my intention isn't for temporary stay but I need a visa to let me stay in the UK until end of 2017 before I can apply for ILR.

Thanks!

You can only apply for Tier 5 (YMS) from outside of the UK.

There is absolutely no guarantee that your application will be accepted and the ECO may view it as an attempt to remain in the UK at all costs rather than as a young person genuinely wanting to experience life in the UK.

Also be aware that each country participating in the Tier 5 Youth Mobility Scheme will have an annual allocation of places. If this allocation or quota is exceeded, no further applications will be accepted from any of their nationals.

What nationality do you hold and are you under the age of 30?

nagomi · Post by **nagomi** » Sat Sep 03, 2016 11:02 am

I want to try out different work fields & travel around the uk but Tier 2 (General) doesn't give the flexibility.

I hold a British National Overseas passport & will turn 31 next March.

Casa · Post by **Casa** » Sat Sep 03, 2016 11:21 am

My error....under the age of 31 (not 30) on the date of application.

If you haven't already done so, reading through the information in this link may be helpful.

https://www.gov.uk/government/uploads/s ... _04-14.pdf

Frontier Mole · Post by **Frontier Mole** » Tue Sep 06, 2016 8:42 am

T5 YMS in your circumstances would be refused as it is clear as day what the intent would be. The refusal would be on the grounds that you would fail to meet the T5 requirement to leave the UK.

You are already resident in the UK under tier 2 so why would you not want to extend tier 2 to get to your ILR? Your stated reasons are not credible nor viable.

I am thinking that at extension your employer will not meet the experienced salary level?

nagomi · Post by **nagomi** » Sun Sep 18, 2016 11:00 am

Frontier Mole wrote:T5 YMS in your circumstances would be refused as it is clear as day what the intent would be. The refusal would be on the grounds that you would fail to meet the T5 requirement to leave the UK.

You are already resident in the UK under tier 2 so why would you not want to extend tier 2 to get to your ILR? Your stated reasons are not credible nor viable.

I am thinking that at extension your employer will not meet the experienced salary level?

My current company is closing down the department and deployment is not an option. There is another company willing to sponsor me for a job to manage my current company's account. However,
1. I will have to reapply for a new Tier 2 instead of extension, and yes minimum salary requirement is an issue.
2. More importantly, the new company doesn't have a valid sponsorship license and it is now less than 4 weeks before my current leave expires.
3. There are potential family issues that I might need to leave the UK for awhile (i.e. 4+weeks) before I can come back, which Tier 2 doesn't give the flexibility.

On another note, my last day with my current company will be the 30th September. Will I be allowed to do full time voluntary work before my current Tier 2 leave expires, which at that point I would have already left the UK?

noajthan · Post by **noajthan** » Sun Sep 18, 2016 8:07 pm

RLMT to factor in for any move under T2 too.

nagomi · Post by **nagomi** » Mon Sep 19, 2016 7:50 am

noajthan wrote:RLMT to factor in for any move under T2 too.

Sorry what does this mean?

CR001 · Post by **CR001** » Mon Sep 19, 2016 8:04 am

nagomi wrote:
noajthan wrote:RLMT to factor in for any move under T2 too.
Sorry what does this mean?

RLMT - Resident Labour Market Test. The job has to be advertised for 28 days on two portals to prove to HO that there is no British citizen, EU citizen or person with ILR available or suitable for the job.

nagomi · Post by **nagomi** » Mon Sep 19, 2016 5:13 pm

With RLMT, no valid sponsor licence etc etc, Tier 2 is not a possible option.

Will I be able to do voluntary work (no contract, no payment) whilst my Tier 2 is still valid before I leave the country?

missyk · Post by **missyk** » Sat Aug 19, 2017 5:34 pm

nagomi - I know you posted this 1 year ago but what did you do in this end? Did you apply for the Tier 5 YMS and if so, what was the update??

I'm facing similar situation in which things didn't work out with my previous employer who sponsored my Tier 2 visa. Since then, I have left the UK and am about to make an application for Tier 5 YMS in my home country but worry about my immigration history.

Does anyone else have an idea if this would be viable, after all the each route and application is assessed separately and have different requirements.

Casa · Post by **Casa** » Sat Aug 19, 2017 5:43 pm

missyk wrote:nagomi - I know you posted this 1 year ago but what did you do in this end? Did you apply for the Tier 5 YMS and if so, what was the update??

I'm facing similar situation in which things didn't work out with my previous employer who sponsored my Tier 2 visa. Since then, I have left the UK and am about to make an application for Tier 5 YMS in my home country but worry about my immigration history.

Does anyone else have an idea if this would be viable, after all the each route and application is assessed separately and have different requirements.

Member nagomi hasn't visited the forum since Sep 19, 2016

nagomi · Post by **nagomi** » Wed Oct 25, 2017 10:57 pm

missyk wrote: ↑
Sat Aug 19, 2017 5:34 pm
nagomi - I know you posted this 1 year ago but what did you do in this end? Did you apply for the Tier 5 YMS and if so, what was the update??

I'm facing similar situation in which things didn't work out with my previous employer who sponsored my Tier 2 visa. Since then, I have left the UK and am about to make an application for Tier 5 YMS in my home country but worry about my immigration history.

Does anyone else have an idea if this would be viable, after all the each route and application is assessed separately and have different requirements.

I hope your application has been successful and everything is now sorted out for you missyk.

I left UK the day before my Tier 2 General visa expired & applied for Tier 5 YMS few weeks afterwards. I was transparent and gave them all my UK visas & immigration histories, told them I have lived & worked in the UK previously, I even gave them the redundancy letter from my previous company.

My application did get delayed, I received an email the day before my passport was due to be returned, saying they couldn't complete my application within the agreed timed frame, without providing a reason. I guess they probably needed more time to check as my application form was over 12pages + supportive documents.

Thankfully the outcome was successful, and so I am now back in the UK

counting down to submit my ILR long residence application - hopefully that is going to be the last one!

missyk · Post by **missyk** » Tue May 29, 2018 6:46 pm

nagomi wrote: ↑
Wed Oct 25, 2017 10:57 pm

missyk wrote: ↑
Sat Aug 19, 2017 5:34 pm
nagomi - I know you posted this 1 year ago but what did you do in this end? Did you apply for the Tier 5 YMS and if so, what was the update??

I'm facing similar situation in which things didn't work out with my previous employer who sponsored my Tier 2 visa. Since then, I have left the UK and am about to make an application for Tier 5 YMS in my home country but worry about my immigration history.

Does anyone else have an idea if this would be viable, after all the each route and application is assessed separately and have different requirements.
I hope your application has been successful and everything is now sorted out for you missyk.

I left UK the day before my Tier 2 General visa expired & applied for Tier 5 YMS few weeks afterwards. I was transparent and gave them all my UK visas & immigration histories, told them I have lived & worked in the UK previously, I even gave them the redundancy letter from my previous company.

My application did get delayed, I received an email the day before my passport was due to be returned, saying they couldn't complete my application within the agreed timed frame, without providing a reason. I guess they probably needed more time to check as my application form was over 12pages + supportive documents.

Thankfully the outcome was successful, and so I am now back in the UK counting down to submit my ILR long residence application - hopefully that is going to be the last one!

Hi nagomi,

Thank you for your reply and hope you are still around on this forum. My Tier 5 YM application was successful with no hiccups and I am back in the UK myself waiting to clock my 10 years as well!

Hope it all goes well for you. It’s been a long stressful ride x

missyk · Post by **missyk** » Tue May 29, 2018 6:58 pm

Just some further information for further applicants -

I submitted all necessary document and attached a cover letter stating my history of having lived in the UK under tier 4 and Tier 2 visa for a certain amount of time, and have not been away from the country for more than 6 months. Therefore the TB test is not required (I’m from a country that needs to have TB test done prior to entry)

I also clarified the time between my last day of employment (curtailment) and the day I left UK to show that I have not broken the 60 days rule of overstaying, and that I’m applying for a new leave to enter of Tier 5 from my home country rather in within the UK. Hope it helps.

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