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What visa can I switch to?

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

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canuckistani
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What visa can I switch to?

Post by canuckistani » Mon Feb 25, 2019 2:13 pm

Hi all,

I'm looking for some advice on immigration and if I even qualify.
I'm on a tier 5 youth mobility visa from Canada. I am in Scotland and hoping to stay longer than the visa.
I have been looking at my options under both Tier 2 and spousal visa but unsure I would qualify under either!

I also read about another Tier 5 temporary worker visa that's extendable but don't believe that I can switch between YMB to that.

Tier 2
As I understand it, you need to make minimum £30k and they have to prove they can't fill the role in the EEA before sponsorship. I currently work at the City Council and they do want me to stay but I make £27k pro rata to 4 days/week. Is there any hope? If I got another job at the council that got me up to 30 would that qualify or would it have to be one role (which would be my guess)?

Spousal visa
I've been with my Scottish partner since I was a student here - I was on a Tier 4 visa but only did an exchange for my. Masters here, not the full degree. I came on the Tier 5 to be with him but we currently don't officially live together. I stya with him pretty much all the time but am not on his lease. He is however, a student and does not have savings or make £18,500 or have £16k savings. I could probably produce that much savings by the time my current visa expires but hell still be a student. So, I don't believe he can sponsor me either. And under that visa as I understand it I couldn't work for the first 6 months anyway?

Is there any hope? It seems unfair. In Glasgow my salary is considered quite a good one and yet I'm being held at the same threshold as London, where £30k I understand would be a survivable salary. Its feeling quite depressing.

Any thoughts? :cry:

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Casa
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Re: What visa can I switch to?

Post by Casa » Mon Feb 25, 2019 2:37 pm

You can't switch from Tier 5 to a Tier 2 visa from within the UK and you can only apply from your home country.

If you choose to marry in the UK you will have to give notice with a Home Office designated Registry Office.
The Registrar is legally bound to notify the HO, who can then extend the notification period from 28 days to 70 days in order to interview you both separately should they choose to do so, before the marriage can go ahead.
From the information given in your post, you don't qualify to apply to remain as unmarried partners.

The first £16,000 in savings is disregarded and any income above this can be used to make up any shortfall in earnings. How much is the combined earnings of you and your partner?

Before the 9th July 2012, couples only had to prove they had adequate income remaining after rent or mortgage and council tax were deducted. The Immigration Rules were then amended to the £18,600 p.a gross income level. :idea:

When does your current visa expire? If you marry, you can continue to work providing your visa is still valid and would be able to continue working providing your FLR(M) visa application is approved. There's no requirement to wait 6 months.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: What visa can I switch to?

Post by CR001 » Mon Feb 25, 2019 2:40 pm

I also read about another Tier 5 temporary worker visa that's extendable but don't believe that I can switch between YMB to that.

Unlikely and you would need a sponsor etc.
Tier 2
As I understand it, you need to make minimum £30k and they have to prove they can't fill the role in the EEA before sponsorship. I currently work at the City Council and they do want me to stay but I make £27k pro rata to 4 days/week. Is there any hope? If I got another job at the council that got me up to 30 would that qualify or would it have to be one role (which would be my guess)?

You need a licences Tier 2 sponsor. The minimum salary is £30k or what is stated in the SOC job code, whichever is HIGHER. Not sure if your employer is an official sponsor or what job you currently do?? You would also have to apply from your home country.
Spousal visa
I've been with my Scottish partner since I was a student here - I was on a Tier 4 visa but only did an exchange for my. Masters here, not the full degree. I came on the Tier 5 to be with him but we currently don't officially live together. I stya with him pretty much all the time but am not on his lease. He is however, a student and does not have savings or make £18,500 or have £16k savings. I could probably produce that much savings by the time my current visa expires but hell still be a student. So, I don't believe he can sponsor me either. And under that visa as I understand it I couldn't work for the first 6 months anyway?
For an unmarried partner visa, the 24 months evidence of cohabiting in 'a relationship akin to marriage' is mandatory. There is no discretion on this. The financial requirement can be met by EITHER of you if switch within the UK. Note that if you are married, the 2 years cohabitation is NOT required. Why do you assume you cannot work for 6 months?? You are confusing a slightly different visa, ie fiance visa, which you can only apply for outside the UK which does not permit working until you are married and have switched to the spouse visa.

When does your Tier 5 expire?

Do you by any chance have a UK born grandparent?

Edit : beaten by Casa :wink: (this time)
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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