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UK YMS CONTRADICTION

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

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mkde
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Posts: 1
Joined: Sun Nov 15, 2015 1:29 pm

UK YMS CONTRADICTION

Post by mkde » Sun Nov 15, 2015 1:36 pm

Helolo funky forum, :D

I am an Australian citizen, and I have been trying to find out specific information regarding entry clearance for a Youth mobility scheme visa in Germany. I am not a resident but am legally present in Germany on a Schengen visa, and would like to obtain a YMS visa.

The 245ZK. Requirements for entry clearance in Immigration Rules part 6A, only mentions deemed sponsorship status, which I have, rather than applying where one is not a resident.

I have contacted UKVI, which is the visa information service for the UK, and they have told me "Where an applicant wants to apply out of their region, they must provide a compelling reason as to why." However, they are unable to provide any advice to my specific situation.

What would be a compelling reason? My situation is that I am unable to get a working holiday visa in Europe in time (German appointments are booked for over 3 months), or whilst in Europe (The Italian consulate in Frankfurt would not accept not applying in Australia), and so would be applying for the UK YMS not as a resident of a country in Europe but on a schengen visa. It is untenable to return to Australia just to obtain the UK visa whilst in Europe.


I have also been informed by the UKVI
"If you’re applying for a Tier 5 ‘creative and sporting’ visa or youth
mobility visa, you can apply in countries where you are not resident, if:
•there is an application point to accept such applications and
•you’re legally present in that country or territory"

Would this mean my entry would not be deteminate on compelling evidence by the home office or entry clearance officer but as a part of the agreement?

Contrary to the above quote, point 3. of the introduction of the YMS policy guidance says something very different and leads me to confusion, that one can only apply for the YMS in another country if

"that authority was granted for a period of more than 6 months". (the authority to stay)

If this is the case, does 1 year visa free entry apply (in this case Georgia, 1 year visa free policy for Australian citizens)? or does one need to obtain an actual visa?

I have been really struggling to obtain a working holiday visas in Europe so that i could then apply for the UK YMS. The information provided I have found confusing and contradictory. If all I needed to do was to go to Georgia, which has a 1 year visa free policy, I could then apply for the YMS from there and would save me much time money and stress.

Though again, preferably could apply in Germany on a schengen visa? if so do i need compelling evidence? if so would my situation seem compelling? if not what could be compelling?
Thanks to all

The Station Agent
Senior Member
Posts: 621
Joined: Wed Jan 21, 2009 10:51 am
Location: UK

Re: UK YMS CONTRADICTION

Post by The Station Agent » Tue Nov 17, 2015 11:30 am

My impression is that the only visa which can be applied for in a country other than one where you are legally resident/working is Tier 5 Creative and Sporting (not YMS). This is because bands on tour may need to apply for a UK visa in a country where they are not resident - Tier 5 Creative and Sporting is mainly used by bands on tour.

My understanding is that Tier 5 YMS should be applied for in a country where you are resident. For you that would seem to mean a return to Australia, unless you were in Georgia on a 1-year work visa there.

wf
Member of Standing
Posts: 327
Joined: Tue Mar 04, 2008 4:30 am

Re: UK YMS CONTRADICTION

Post by wf » Thu Nov 19, 2015 2:06 pm

1) The 6 month residency is not enforced 100% of the time, as I know firsthand of people that have succesfully gained a YMS in Ireland while on a tourist visa. However, you do run the risk you may be rejected on those grounds, and you will have to wait around in whichever country while it is processed.

2) You can obtain a Netherlands working holiday visa on arrival, so you could get that then legitimately apply from there.

http://australia.nlembassy.org/services ... cheme.html

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