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Switch from tourist visa to Tier 5 Youth Mobility visa?

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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luukkeee
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Switch from tourist visa to Tier 5 Youth Mobility visa?

Post by luukkeee » Thu May 19, 2016 8:01 pm

Hi guys!
I'm new to these forums so sorry if this has been posted before. I am Australian and my girlfriend is Brittish so I am currently living with her in the UK on a 6 month tourist visa. Obviously I cannot work, and I would like to stay in the country for longer than 6 months. Is it possible for me to switch to a Tier 5 youth mobility visa without leaving the country? I've had a look around the .gov.uk sites but I am having a lot of trouble finding the exact answer to this question.

Thanks in advance!

luukkeee
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Get married on a Tier 5 Youth Mobility visa?

Post by luukkeee » Thu May 19, 2016 8:05 pm

Hi guys!
I am an Australian, hoping to marry my British girlfriend on UK soil in August 2017. I want to live in the UK with her until then, and I'd like to be able to work. Am I able to get married if I am in the country on a Tier 5 Youth Mobility visa? Or do I need some kind of special visa?

Thanks in advance!
Luke

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Casa
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Re: Get married on a Tier 5 Youth Mobility visa?

Post by Casa » Thu May 19, 2016 9:05 pm

Assuming you are already in the UK on a Tier 5 YMS visa, yes you can marry, but as a foreign national you will have to give notice at a Home Office designated Registry office. The Registrar is then legally bound to notify the HO who can then extend the notification period from 28 to 70 days in order to interview you both before the wedding can take place, if they choose to do so.
If you marry you would then be able to switch to a spouse visa on form FLR(M), assuming you meet all the conditions including minimum annual earnings of £18,600. This can be joint income. The visa fee is £811 postal or £1311 if applied for in person at a PSC. You will also have to pay the £500 NHS surcharge.
FLR(M) will grant you an initial 2.5 year limited leave to remain visa.
https://www.gov.uk/remain-in-uk-family/apply
(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.

luukkeee
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Re: Get married on a Tier 5 Youth Mobility visa?

Post by luukkeee » Thu May 19, 2016 10:44 pm

Great! Thankyou for the insightful reply! Now onto the second part of my dilemma - It was originally on another thread but it seems to have been moved here now :D

I am currently in the UK on a 6 month holiday visa, not working, and living with my girlfriend. Can I change to a Tier 5 YMS without leaving the country? If so, how? I tried to apply by filling out the form on the website however, I was unable to choose "United Kingdom" as my current location.

vinny
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Re: Get married on a Tier 5 Youth Mobility visa?

Post by vinny » Thu May 19, 2016 11:02 pm

No. There are no provisions for a person to apply under the Tier 5 (Youth Mobility Scheme) from within the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: Get married on a Tier 5 Youth Mobility visa?

Post by noajthan » Fri May 20, 2016 9:38 am

Posts merged.

Multiple posts
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luukkeee
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Re: Get married on a Tier 5 Youth Mobility visa?

Post by luukkeee » Fri May 20, 2016 3:23 pm

Unreal thankyou so much! And just one more question.

I am staying for nearly the whole 6 months on the holiday visa that I am currently on. Will that affect the outcome of my Tier 5 visa application, or is that a different thing entirely? Is there any chance the Tier 5 visa could be rejected on the grounds that I have already been in the UK for 6 months this year?

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Re: Get married on a Tier 5 Youth Mobility visa?

Post by Wanderer » Fri May 20, 2016 4:15 pm

luukkeee wrote:Unreal thankyou so much! And just one more question.

I am staying for nearly the whole 6 months on the holiday visa that I am currently on. Will that affect the outcome of my Tier 5 visa application, or is that a different thing entirely? Is there any chance the Tier 5 visa could be rejected on the grounds that I have already been in the UK for 6 months this year?
You should never spend 6 months on a visit visa, that's residing, not visiting.
An chéad stad eile Stáisiún Uí Chonghaile....

luukkeee
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How long do I need to be out of the UK to apply for YMV?

Post by luukkeee » Tue May 24, 2016 1:24 pm

Hi guys,
Thanks for this great forum! I am currently in UK on holidays, but I wish to switch to a Tier 5 Youth Mobility Visa. Unfortunately, apparently I cannot apply for a Youth Mobility Visa while I am in the UK.

I was hoping to go on a short trip to a nearby country and apply for the Tier 5 YMV from there - is this possible? If so, how long would I need to stay overseas? Can I just go overseas, apply for the visa, and then come straight back? Or would I need to stay overseas until the visa has been approved?

Or maybe there is a better way of just switching visas so that I don't need to leave the country at all?

All the best!

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Re: How long do I need to be out of the UK to apply for YMV?

Post by CR001 » Tue May 24, 2016 1:28 pm

You have to apply from a country where you have legal residence. A visitor in another country is not classed as a legal resident.

Apply from home country to avoid complications.
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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Re: Get married on a Tier 5 Youth Mobility visa?

Post by CR001 » Tue May 24, 2016 1:30 pm

Multiple posts (click)
Please try to adhere to the forum rules about multiple posting. Topics merged again.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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Re: How long do I need to be out of the UK to apply for YMV?

Post by CR001 » Tue May 24, 2016 1:31 pm

luukkeee wrote:Or maybe there is a better way of just switching visas so that I don't need to leave the country at all?
You cannot 'switch' to any other visa category within the UK as a visitor.

I would suggest following the rules and not keep looking for a way to remain or do it easily to your convenience.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

luukkeee
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Re: Get married on a Tier 5 Youth Mobility visa?

Post by luukkeee » Tue May 24, 2016 1:49 pm

Thankyou for the information! I didn't realise that I needed to be in a country where I am a permanent resident! I certainly have no intention of breaking or bending any rules - looks like I am booking a plane back to Australia then! All the best.

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