Tier 5 to Tier 2 (+Dependent) Visa Questions

[sn25]

Hi All,

I was hoping for some much needed clarification around the process of attaining a Tier 2 + Tier 2 Dependent Visa.

I am an Australian who has been living in the UK since the end of March 2014 - on a Tier 5 Youth Mobility Visa. I traveled here with partner who is also holds the same visa starting on the same day.

We are looking to explore our options of staying longer within the UK. My partner has been offered sponsorship through her nursing work by a hospital and should therefore be eligible for a Tier 2 General Visa - is this correct?

In my case - I am hoping to clarify whether I would be eligible for a Tier 2 Dependent Visa. We have been living together since we arrived in the UK (we stayed with family for the first 6 weeks until we found our own place and moved out). I have read that we will need to provide proof that we have lived together for a minimum of 2 years to be considered for the dependent visa and therefore had a few questions:

1. Would our entire stay throughout the UK be considered as 2 years? Technically our visa's would be a day under 2 years from start to end date? Has anybody been though this process and how strict are they about this? We have not lived together outside of the UK.

2. Given we did not have our own place when we first arrived in the UK - does this period count towards the 2 years if we are able to provide proof? We do have some bank statements etc. from when we initially arrived and could potentially provide a signed statement from my family member to support this?

Any advice you could provide on this would be greatly appreciated!

[geriatrix]

A migrant in UK under Tier 5 Youth Mobility Scheme cannot apply for leave to remain as a Tier 2 migrant (245HD(b)). Such a migrant will need a restricted CoS from a prospective sponsor and will need to apply for entry clearance from outside the UK.

1. The requirement (for dependant) is:

the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years

There is no mention of the country (or countries) in which the relationship may have subsisted over the period of 2 (or more) years preceding the application. Don't worry about 1 days short of 2 years.

2. Letter from relatives/friends you stayed with. Read Note 9 (page 62 of 74) in FLR(M) form form to understand the documentary evidences you can use to prove "living together" requirement. This form is not to be used for an application by you ... only referred to here to enable you to understand what sort of evidences are accepted for cohabitation.

[sn25]

Thanks for the information sushdmehta.

Yes - understand that we will need to both travel back to Australia at the end of our current visa period; and apply for Tier 2 before re-entering the UK.

Looks like we should be eligible and have the required evidence - thanks again, much appreciated.