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Tier 5 visa - question

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

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Helen123
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Tier 5 visa - question

Post by Helen123 » Mon Jun 08, 2020 11:40 am

Hi everyone,
Sorry if this is a bit complicated.

Firstly for a little context, I work in a shortage occupation and our company require us to pass 6 months of probation before we are kept on permanently. Two of my colleagues are from Japan and did not pass their probation but found out just before we went on lockdown. Both have returned to be in Japan with their families. We have all been furloughed so they are being paid and are on contract until July however they are unable to audition for new jobs because of the lockdown and so face unemployment for at least a year or potentially more. We are trying to get our employers to extend their contracts by 6 months so they can retain their jobs and livlihoods however the company has raised their visas as an issue. I wanted to ask a few questions about the options open to them.

I believe they were on a Tier 2 visa originally before lockdown and returning to Japan, if the company extended their contract by 6 months could they continue to work under their Tier 2 visa or would they need to apply for a Tier 5?

If they did apply for a Tier 5 creative/sportsperson, would they be able to work in a shortage occupation? I saw on the .gov site that workers are allowed to work in shortage occupations for up to 20hrs a week but our contracts are 35hrs.

Would they be better to apply for a Tier 5 YMS as they are both between the ages of 18 and 30 and from Japan? The only issue with this is the large savings required and I don't know if they have that money available to them.

Thank you so much for your continued help.

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CR001
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Re: Tier 5 visa - question

Post by CR001 » Mon Jun 08, 2020 11:57 am

I believe they were on a Tier 2 visa originally before lockdown and returning to Japan, if the company extended their contract by 6 months could they continue to work under their Tier 2 visa or would they need to apply for a Tier 5?
It depends when their tier 2 visas expires and when they could return to the UK.
If they did apply for a Tier 5 creative/sportsperson, would they be able to work in a shortage occupation? I saw on the .gov site that workers are allowed to work in shortage occupations for up to 20hrs a week but our contracts are 35hrs.
What is their job exactly? Is it a creative/sportsperson job?? To be sponsored for a tier 5 visa, you can only work your contracted hours for your Tier 5 sponsor. It is also not 'shortage occupation work for 20 hours'. The supplementary employment must be in the same sector and same level as their main job.
do a second job in the same sector and at the same level as your main job for up to 20 hours per week
Would they be better to apply for a Tier 5 YMS as they are both between the ages of 18 and 30 and from Japan? The only issue with this is the large savings required and I don't know if they have that money available to them.
That is an option and they can work for any employer on this visa.

Note that Tier 5 does not permit them to change to Tier 2 within the UK either.
Char (CR001 not Casa)
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Helen123
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Joined: Sun Sep 09, 2018 10:36 am

Re: Tier 5 visa - question

Post by Helen123 » Mon Jun 08, 2020 12:11 pm

I've asked them about the expiry on their Tier 2 visas and I am just waiting for their response.

They are ballet dancers, do qualify for shortage occupation and I believe they would qualify as creative person however I'm not sure if there is a difference for jobs on the shortage occupation list. Also on the gov.uk there is a section on what you can and cannot do and it says "do a job on the shortage occupation list for up to 20 hours per week" so I don't know if this would affect their ability to do their job on this visa.

I am just not sure what is the best route for them.

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Re: Tier 5 visa - question

Post by CR001 » Mon Jun 08, 2020 12:33 pm

They need a sponsor for tier 5 creative visa. A second job can only be for 20 hours per week outside of their normal tier 5 working hours.
Char (CR001 not Casa)
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Helen123
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Re: Tier 5 visa - question

Post by Helen123 » Mon Jun 08, 2020 12:40 pm

Ok great. If the company did sponsor them, would that be better than their Tier 2 or YMS?

Thank you so much your help and for clearing this all up!!

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CR001
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Re: Tier 5 visa - question

Post by CR001 » Mon Jun 08, 2020 12:42 pm

Tier 5 creative is almost the same as tier 2 sponsorship.

Tier 5 YMS doesn't require a sponsor and they can work for any employer.
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.

Helen123
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Joined: Sun Sep 09, 2018 10:36 am

Re: Tier 5 visa - question

Post by Helen123 » Mon Jun 08, 2020 12:54 pm

Ok, I will see what they say about their current visa they're on and whether the company is willing to sponsor them.
Thank you so much for your help!!

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