GTI Exchange / other options?

[etsulrev]

Hello

I am American (born and raised)

I moved to the UK in 2012 when I was 18 on a Tier 4 Student Visa, started and completed University in 2015. I ended up doing well in an internship that wanted to offer me a position, but they are only licensed to sponsor Tier 5 under temporary work. I have therefore been on the Tier 5 visa as a Government authorised exchange and they gave me 6 months instead of 12 as it should be a supernumerary role and they found 6 months to be enough for work experience. For this reason, I cannot now extend this visa for another 6 months.

My job like me and everything but I don’t think they would go to the effort of getting Tier 2 sponsor license for just 1 employee? It costs a lot doesn’t it? Also I would have to make a much larger income?

I am trying to find out what possible way there is for me to stay here. I’ve never wanted to return to the US. I’ve moved here and built a life here. I feel like there has to be a way.

My boyfriend is Italian and we have been together a little over a year (very serious though) so we don’t fulfil the “2 year” requirement of an umarried spouse visa. We do live together but it has only been documented for 6 months. We are considering marriage, but I would just like to know if there is any other way considering all my circumstances.

[ohara]

If the company you work for is defined is a small company, they can add Tier 2 to their Tier 5 sponsorship licence for free.

https://www.gov.uk/uk-visa-sponsorship- ... ur-licence

You’re usually a small business if:

your annual turnover is £6.5 million or less
you have 50 employees or fewer

If they are not defined as a small company it will cost them £940 which is still not a huge amount. Ask them if they think you're worth it!

Other options:
- marry your EEA partner (no guarantee this will lead to permanent settlement through EEA route because of Brexit)
- marry a British or settled non-EEA citizen and switch to a settlement visa.

[etsulrev]

Thanks for the info!!

Do I also have to be making a certain salary to be considered for Tier 2 work visa?

I could find a way to bypass the sponsorship fee on my own but if they have to up my salary to double what it is that might just be an extra factor.

[noajthan]

Also need to factor in RLMT if shooting for Tier 2.

Alternately, study: Tier 4
or start a business : Tier 1

[etsulrev]

Also need to factor in RLMT if shooting for Tier 2.

Is this not true as I am currently on Tier 5-

You do not have to complete a Resident Labour Market Test if:

The job is on the Shortage Occupation List

The job is an Intra Company Transfer

The migrant is already working for you on a tier 2 or Tier 5 visa and needs to extend their leave to remain in the UK under the same category, and in the same job

[noajthan]

Also need to factor in RLMT if shooting for Tier 2.

Is this not true as I am currently on Tier 5-

You do not have to complete a Resident Labour Market Test if:

The job is on the Shortage Occupation List

The job is an Intra Company Transfer

The migrant is already working for you on a tier 2 or Tier 5 visa and needs to extend their leave to remain in the UK under the same category, and in the same job

It depends if such clauses are fulfilled which is not apparent from your previous post.
Certainly moving from 5 to 2 is not always straightforward and not to be taken for granted hence the caution regarding RLMT.

[etsulrev]

Does it have to fulfil all the options ie. not be on shortage list, intra transfer, etc.

It seemed to be one or the other.

All I know is that I am on tier 5, and the company want to keep me on permanently. I am just exploring my options... I know it's not straightforward I've been dealing with visas for 4 years now. I am just looking for possible situations.