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Staying in UK when Tier 5 visa finishes?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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nickshaff82
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Location: London

Staying in UK when Tier 5 visa finishes?

Post by nickshaff82 » Thu Nov 04, 2010 6:56 pm

My Girlfriend is currently on a tier 5 youth mobility scheme visa from Canada. We have lived together since she came here but her visa expires in July 2011. By this time, we won't have lived together for the 2 years required for a partners visa. Does anybody know of another way she can remain here beyond the current visa? Is it possible she might be granted an extension of some sort? She works full time and has not claimed tax exemption. The fiance visa is not really an option as she'd have to return home to re apply for entry and then wouldn't be able to work for 6 months, so we'd lose our flat (which is rented) and she'd lose her job too. Any advice?

vinny
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Post by vinny » Thu Nov 04, 2010 9:57 pm

If you are settled or British (or a qualified EEA national), then have you considered marriage?

After marriage, she may switch (or apply for a residence card).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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avjones
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Post by avjones » Thu Nov 04, 2010 10:21 pm

Do you know that on a tier 5 you can only work a max of 12 months?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

vignette
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Post by vignette » Fri Nov 05, 2010 4:44 am

You can work for the full 2 years under T5 youth mobility. The 12 months employment applied to the old working holidaymaker scheme.

asp
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Post by asp » Sat Nov 06, 2010 1:35 am

Think Vinny has hit the nail on the head. If your g/f wants to stay legally you probably have few options other than an application on the basis of your relationship or an outside the rules plea for discretion.

Tier 5 is very restrictive; no extensions of stay within the tier, no switching to other PBS routes, no switching to visitor (which was available at the end of a working holiday.)

nickshaff82
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Joined: Wed Nov 03, 2010 4:45 pm
Location: London

Post by nickshaff82 » Wed Nov 10, 2010 9:06 am

Is there any chance of an outside the rules appeal? Does anyone know of any that have been successful?

The Station Agent
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Post by The Station Agent » Tue Nov 16, 2010 2:53 pm

I think unless you are married you have a weak case. That's just being honest.

wf
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Re: Staying in UK when Tier 5 visa finishes?

Post by wf » Mon Nov 22, 2010 7:18 pm

If you have lived together since she got here, I would expect you would be at or very close to the 2 year period required to qualify as an unmarried partner, unless she came some time after her visa start date.

If she leaves on visa expiry (in fact she could stay up to an extra 28 days without penalty), and then waits until the 2 years is up, she can apply for an unmarried partner visa. Periods of living apart up to 6 months are permitted, aslong as their is a good reason for it, and I would expect in the circumstances this would be allowed.

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