Switching from Tier 5 to Tier 1 while not in the UK

Hi there,

Having just recently found out about the possible MAC changes to the Tier 1 visa in the UK, I'm am trying to find out my options if the recommendations are accepted into law.

Currently, I have applied and have been granted a Tier 5 YMS Visa into the UK (I am a New Zealand citizen) and this visa has been post-dated to April 20th 2010. I will be remaining in New Zealand until this date and am able to extend my stay in New Zealand if need be. Having just heard about the potential changes to the Tier 1 visa, under the new format I will be eligible for the Tier 1 visa provided the salary multipliers do not change.

If the recommendations to the Tier 1 visa are made, and I am eligible, can I reapply for the Tier 1, thereby replacing the Tier 5 visa I currently have? I would be applying for the Tier 1 visa while I am still in New Zealand, and will have not entered the UK on the Tier 5 visa at any point.

I understand that I will no longer be eligible for the Tier 5 visa in future, but I am okay with this if I am able to the get the Tier 1 visa. I also understand that nothing can be confirmed until they actually make an announcement over the MAC recommendations, but I'm just looking for a best guess estimate.

Thank you in advance for your help.

Gene

It would be my understanding that you are free to apply for any other class of UK visa. It's unusual but should be perfectly acceptable.

If you qualify beyond a shadow of a doubt then you should be able to apply for Tier 1. If you are granted it, you would have to choose which visa you enter on and stick with that.

GeneNZ wrote:Hi there,
Having just heard about the potential changes to the Tier 1 visa, under the new format I will be eligible for the Tier 1 visa provided the salary multipliers do not change.

Part of the recommendations are in fact that the multipliers are changed.

Recommendation 6: that the
Government carries out a full review
of the salary conversion model prior to
introducing the recommendations we
are making in relation to Tier 1.

It is currently quite low for NZers - I think you can get the maximum points with around $NZ40k pa salary? Which is very low considering an Australian has no multipler and needs to earn around double that.

See page 144/145 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary