Switching from Tier 5 to Tier 2 dependant

[shell123]

Hi,

I'm on a Tier 5 (Youth Mobility Scheme) visa and would like to apply for a Tier 2 (general up to 3 years) dependant visa WITHIN the UK. Is this possible? I've had conflicting responses that I'm unable to switch from my Tier 5 to the Tier 2 dependant within the UK and must return to my home country.

In the Tier 5 guidance it says you can't switch to another visa but in the Tier 2 it says you can switch to this visa as long as you're not a visitor, student or temporary admin visas.

If anyone can provide some clarity or has applied under the same circumstances it would be great to hear from you.

Thanks!

[CR001]

You can switch within the UK as long as you do it before your current visa expires.

[shell123]

CR001 thanks very much for responding but can you please confirm this in anyway as I've rang the Visa contact centre twice and have been told that I can't switch.

They refer to this text in the Tier 5 Youth Mobility Scheme guidance:
Switching into any other Points-Based System route orinto visitor status is not allowed.

Extremely worried

[CR001]

I believe you can, this is my understanding.

See point 33 on page of the Tier 2 General Dependent guidance notes. Tier 5 YMS is not listed there.

https://www.gov.uk/government/uploads/s ... y_2017.pdf

What you can't do, is switch to Tier 2 General MAIN visa holder within the UK.

Also, please note that the helpline is renowned for giving incorrect advice.

[CR001]

See also 319C(h)(i) - Family members of PBS migrants - of the immigration rules, link and extract below.

https://www.gov.uk/guidance/immigration ... ly-members

(h) An applicant who is applying for leave to remain must not have last been granted:
(i) entry clearance or leave as a:
(a) visitor, including where they entered the United Kingdom from the Republic of Ireland to stay under the terms of articles 3A and 4 of the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended by the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014) on the basis of a visa issued by the Republic of Ireland authorities endorsed with the letters “BIVS” for the purpose of travelling and staying in the Republic for a period of 90 days or fewer; or
(b) short-term student or short term student (child); or
(c) parent of a Tier 4 (child) student
unless the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii);
(ii) temporary admission; or
(iii) temporary release.

[shell123]

Thanks very much for confirming. This is exactly what I thought but the helpline really scared me.

In regards to bank statements to prove if I have sufficient funds to support myself. My bank has moved all statements to be online and they say that it can be used for this purpose. Do you think I still need to get them stamped?

[CR001]

Online statements must be stamped by the bank. If they are not, they will be ignored. You could go into the bank and ask them to print you a set and it should not be a problem.

[shell123]

Damn, that's what I thought except my bank is overseas so not easily accessible.

In regards to passport validity, is there a minimum that needs to be on the passport? Because my passport expires at the end of the year and I'd rather not have to go through the process to get a new one now.

[CR001]

Damn, that's what I thought except my bank is overseas so not easily accessible. When are you planning to apply for dependent visa? You can use your partner's bank statements or if he has an A rated sponsor, they can certify maintenance too with a letter.

In regards to passport validity, is there a minimum that needs to be on the passport? Because my passport expires at the end of the year and I'd rather not have to go through the process to get a new one now. No minimum length. It must be valid at the time of application. Your new visa won't be a sticker in your passport anyway.

[shell123]

Thanks so much for getting back to me and so quickly. Really appreciated it!

Can I ask what evidence is sufficient to prove that I'm a dependant?
I have a marriage certificate but is that enough or do I need more documents as most bills are under either one of our names, rarely both.

[CR001]

Marriage cert and bills in both or joint names is fine, plus tenancy agreement if you have one or mortgage statement if property is owned. Should show evidence for the duration that you have been living together in the UK.

[shell123]

Hi again,

Just trying to fill in the Health surcharge online form and it's asking for visa route and visa type. Is it correct for me to assume I should put visa route as Tier 5 because that's what I'm currently on and visa type as PBS Dependant (Tier 1, 2 and 5)? Or should it be visa route Tier 2 PBS Dependant and then Tier 2 General (up to 3 years) for visa type?

Sorry I'm a little confused!

[CR001]

Or should it be visa route Tier 2 PBS Dependant and then Tier 2 General (up to 3 years) for visa type?

This one because you are paying IHS to change visa route.