YMS to Tier 2 Dependent

[ryanpricenz]

Hi,

I am living in the UK on a Tier 2 General Visa. My unmarried partner is in the UK on a YMS visa. Can she switch from her YMS to a Tier 2 dependent visa from within the UK? Or does she have to go back to New Zealand and apply from there?

We have been residing together for over two years and have evidence.

Cheers

[geriatrix]

Do you have evidence of cohabitation covering at least 2 years?

[CR001]

We have been residing together for over two years and have evidence.

[geriatrix]

Thanks CR001! Completely missed that ... as if I was reading with my eyes closed!

[CR001]

It must be the Christmas season affecting us

[geriatrix]

Assuming that the evidence covers at least 2 years, then she may switch.

[ryanpricenz]

Thanks for the info. For some reason I thought people on YMS had less switching rights than other visas. Do you know if she can use the priority service?

Thanks peeps

[CR001]

She should be able to use the in person appointment to change her visa.

[ryanpricenz]

That's strange. When I ring UKBA and ask if she can switch they say no, not from within the UK. Although they can't really tell me why. I think it may be because YMS is classed as 'temporary admission'. Which explains the below:

From 1 Oct 2013, applicants in the UK under a different immigration category may apply for leave to remain as PBS dependants from within the UK, providing they are not here illegally, as visitors, or on temporary admission or temporary release. They will still need to satisfy all other existing requirements (319C(h)).

[CR001]

All visas, until ILR is granted, are 'temporary admission/leave to remain'. A person on a visa (any) of a duration of 6 months or less cannot switch. YMS is issued for 2 years, so this restriction on switching does not apply to your partner.

Many Tier 5 Youth Mobility visa holders switch to other partner categories, mostly to FLR(M) though.

Please note that the HO call centre is notorious for giving out incorrect information. If you call back and speak to a different person, the liklihood is that you will be given different advice.

Also, just to note, your partner is not applying for an 'unmarried partner visa', which is a specific visa category on its own. It is a PBS Dependent visa that needs to be applied for. Have you clicked on the 'switch' link that sushdmehta provided?

[ryanpricenz]

So true about the HO, it's like Advisor Roulette.

Ok thanks. And just to be clear, under the YMS rules it says you cannot switch to any other points based system from within the UK (that's why I had to go back to NZ to get my Tier 2) - so does this rule not apply when you are becoming a dependent of PBS?

Thanks

[CR001]

So true about the HO, it's like Advisor Roulette.

Love that desciption

Ok thanks. And just to be clear, under the YMS rules it says you cannot switch to any other points based system from within the UK (that's why I had to go back to NZ to get my Tier 2) - so does this rule not apply when you are becoming a dependent of PBS?

As a main applicant applying for Tier 2. Tier 2 General can only be applied for from home country. Same rules does not apply to PBS Dependents.