Tier 5 YMS >>Tier 2 (General) help required

Hi gurus,

Please help!

I am currently on a Tier 5 YMS Visa. I have just over 6 months left, and my employer wants to sponsor me – this means I will be on a Tier 2 (general) visa.

Can I remain employed on my Tier 5 visa while they do the Resident Labour Market test and issue the certificate, and while I go back to my home country to apply?

I have researched and called the UKBA, but there seems to always be barriers to this being possible.

I understand I need to go to my country of citezenship to apply, but the UKBA person I spoke to implied that I can’t be employed at this time.

They said that it is a contradiction to remain employed by my sponsor, and apply to be sponsored. Does this mean I have to resign and reapply for the job? They need to conduct a Resident Labour Market Test, but can this be done while I am still employed (even if it is for another person for my role – i.e. they actually do need another person in my team additionally to myself).

I thought I would be able to take leave, return to my home country and get approval to come back to my job.

Essentially I want to stay after my Tier 5 visa expires, but what is logistically possible?