FLR (M) help please

[cbear1]

I am on a Tier 5 YMS visa, and recently applied for FLR(M) (unmarried partner) to extend my stay. My employer today rang the helpline to make sure I can keep working while the visa is being considered and were told that I cannot apply for this visa from a Tier 5.

Help please, is this the case? (devastated if it is). I've seen other people on the forums do this though, is there any statement about this on the UKBA website that confirms or negates this? Sorry if this is in the wrong spot, first poster.

Thanks

[manci]

http://www.ukba.homeoffice.gov.uk/visas ... ityscheme/

If you come to the UK under Tier 5 (Youth Mobility Scheme) you will be free to do whatever work you like whilst you are here, but you must leave the UK at the end of your stay. You should not view this as a route for establishing a long-term career in the UK because after you have left, there is no guarantee that you will be able to return straight away as a Tier 2 or Tier 5 migrant, to work for the same employer in the same job.

[Casa]

Your employer has been given the wrong information, which isn't unusual.
You can't switch to a points based category, but if you can prove a minimum of 2 years co-habitation you can apply for FLR(M) from within the UK.

[kofi75]

check the remarks on the your entry clearance.
if it say changes can be authorised by the secretary of state then you can.but if it states changes are not authorised then u cant.

[Greenie]

Casa is right. There are no restrictions on you switching from tier 5 to partner of a settled person.

[Obie]

Switching into any other Points-Based System route or
into visitor status is not allowed

But yes, i concur, you can indeed apply under Family route.

[manci]

so, answering the OP's original question, if the FLR(M) application was in-time he/she can continue working under section 3c. This of course also depends on whether the employer can be persuaded that this would be lawful which may not be easy in view of the advice they got from the "helpline".

[Greenie]

The employer should contact the helpline again. Even if it were the case that it is not possible to switch this is not relevant to whether she has made a valid in time application and thus is protected by 3C.