Tier 2 (General) after Tier 5 (YMV)

[MrWhippy]

I've learnt a lot from reading other posts on this forum but there are a couple of things I'd appreciate some guidance with.

I've been living in the UK on a Tier 5 Youth Mobility Visa for around 15 months.
If I understand the process correctly there is no scope to 'extend' or 'switch' from a tier 5 visa; I would have to return to my country of origin (Australia) and make a fresh tier 2 application. Provided I am supplied with a certificate of sponsorship by my current employer (after they undertake the necessary labour impact tests, re-advertise etc.) then I would not be refused on the basis of the tier 2 quota being exhausted but could obviously still be refused on any other normal grounds.

My questions are:

1. Since I already have a Biometric Residence Permit (issued as part of my tier 5 visa), is this UK database information able to be used to speed up the application process for tier 2? (i.e. would I be able to avoid the effort of having the same biometric data obtained a second time?)
2. Is there any 'loop-hole' which would allow me to not have to return to Australia for a period of potentially months while my tier 2 application is processed? (Is there a way to apply from within the UK or guarantee that the tier 2 application is considered in a short time-frame. Why would I have to physically be outside the UK to make an application and how would the UK government know I was outside the UK when the application is made?)
3. If I have to return to Australia to make a new application, how could I de-risk the process? It would be problematic if my tier 2 application was rejected, my tier 5 visa expired and I could not re-enter the UK to pack up my house, finalise my work projects etc.

Any general advice would be greatly appreciated.
Thanks in advance,
James.

[Casa]

I've learnt a lot from reading other posts on this forum but there are a couple of things I'd appreciate some guidance with.

I've been living in the UK on a Tier 5 Youth Mobility Visa for around 15 months.
If I understand the process correctly there is no scope to 'extend' or 'switch' from a tier 5 visa; I would have to return to my country of origin (Australia) and make a fresh tier 2 application. Provided I am supplied with a certificate of sponsorship by my current employer (after they undertake the necessary labour impact tests, re-advertise etc.) then I would not be refused on the basis of the tier 2 quota being exhausted but could obviously still be refused on any other normal grounds.

My questions are:

1. Since I already have a Biometric Residence Permit (issued as part of my tier 5 visa), is this UK database information able to be used to speed up the application process for tier 2? (i.e. would I be able to avoid the effort of having the same biometric data obtained a second time?)
2. Is there any 'loop-hole' which would allow me to not have to return to Australia for a period of potentially months while my tier 2 application is processed? (Is there a way to apply from within the UK or guarantee that the tier 2 application is considered in a short time-frame. Why would I have to physically be outside the UK to make an application and how would the UK government know I was outside the UK when the application is made?)
3. If I have to return to Australia to make a new application, how could I de-risk the process? It would be problematic if my tier 2 application was rejected, my tier 5 visa expired and I could not re-enter the UK to pack up my house, finalise my work projects etc.

Any general advice would be greatly appreciated.
Thanks in advance,
James.

1. Biometrics are always taken for each application.

2. It's not possible to switch from Tier 5 to any PBS category from within the UK, which includes Tier 2 General

3. The application can only be submitted by you in your home country, so staying on in the UK would achieve nothing.

4. There is no 'fast track' speeding up the application option.

5. Do you have a Tier 2 Sponsor? They will have to carry out the full RLMT process and prove that you haven't been pre-selected and there is no EEA or British national suitable for the role. If you have been working for the same employer while on your Tier5 visa, it may be difficult to obtain a COS for you.

[CR001]

1. No way to 'speed up' the process. You will have to submit biometric details again, this is required for each and every application to the HO you make, no exceptions.

2. No there is no loophole. You would be surprised what HO knows about you. Suggest follow the rules, don't question why or what. Your current visa doesn't allow you to 'switch' within the UK and therefore you are required to apply for entry clearance from your home country.

3. These things are not HO's concerns. You have enough time on your visa to do most of this. Also, RLMT will be heavily scrutinised to determine that you have not been 'pre-selected' for the position and that no other EU/BC or ILR person is available to do the job. Assuming of course you work for an HO approved sponsor who already has a sponsor license.

I gather you have no UK born grandparents??

Edit : beaten by Casa

[rubyracer2]

One way to reduce risk to apply for a Tier 2 before your Tier 5 runs out. That way, even if your Tier 2 application is rejected, you still have remaining Tier 5 leave to sort out matters.

[Casa]

One way to reduce risk to apply for a Tier 2 before your Tier 5 runs out. That way, even if your Tier 2 application is rejected, you still have remaining Tier 5 leave to sort out matters.

A Tier 2 application can't be submitted from within the UK while on a Tier 5 visa

It's not possible to hold two categories of visa at the same time and the OP is unable to switch Tier 5 to Tier 2.

[rubyracer2]

One way to reduce risk to apply for a Tier 2 before your Tier 5 runs out. That way, even if your Tier 2 application is rejected, you still have remaining Tier 5 leave to sort out matters.

A Tier 2 application can't be submitted from within the UK while on a Tier 5 visa

It's not possible to hold two categories of visa at the same time and the OP is unable to switch Tier 5 to Tier 2.

Could OP not travel outside the UK to file a Tier 2 from his home country before his T5 runs out. Even in the scenario that the Tier 2 gets rejected, he should still have Tier 5 leave to return back. Is my understanding wrong?

[MrWhippy]

Thanks very much for everyone's input

Casa and CR001, your feedback seems in line with what I've read so far and my basic expectations. I was hoping that maybe common sense would rule and I wouldn't have to submit the same biometric data twice in under 2 years but I understand that's the way it's meant to be. Unfortunately there is no scope for ancestry for me!

I want to play by the rules, I was hoping there might have been a line of reasoning I hadn't thought of, something similar to rubyracer2's thoughts. One possibility that had crossed my mind was exploring the potential of returning to Australia for a week or two while my tier 5 is still valid to submit my biometric data, then returning to the UK during the processing time and answering any follow-up mail by routing it through my family in Australia etc. When Tier 2 is granted, I could leave the UK briefly again and re-enter using the shiny new tier 2 - but this all sounds like a long shot, even to me!

Thanks for the help - please chime in if you have any feedback about my ideas or an interesting idea of your own.

[CR001]

I believe when you enroll your biometrics you are required to submit your passport and documents, so don't think you would be able to travel.

[rubyracer2]

I want to play by the rules, I was hoping there might have been a line of reasoning I hadn't thought of, something similar to rubyracer2's thoughts. One possibility that had crossed my mind was exploring the potential of returning to Australia for a week or two while my tier 5 is still valid to submit my biometric data, then returning to the UK during the processing time and answering any follow-up mail by routing it through my family in Australia etc. When Tier 2 is granted, I could leave the UK briefly again and re-enter using the shiny new tier 2 - but this all sounds like a long shot, even to me!

Thanks for the help - please chime in if you have any feedback about my ideas or an interesting idea of your own.

This wouldn't be possible since you have to submit your original passport with the Tier 2 application. You have to stay out of the country for the entire duration of processing time. Out of country applications are fairly quick though ( ~15 days IIRC) and you might even have a priority option

[MrWhippy]

Okay, that all sounds reasonable - having to submit my passport / existing BRP would explain why I can't travel back to the UK during the application process and having to physically submit my biometrics (again) back in my home country would explain why I have to leave the UK to make the application.

Thanks for all the assistance everyone - this forum is a really great resource!

[qboukir]

Hi there

I was wondering if you managed to sort it out at the end did you get your tier 2? I'm going through the same thing and would love to hear some success stories or some advice.

Thanks

[CR001]

Hi there

I was wondering if you managed to sort it out at the end did you get your tier 2? I'm going through the same thing and would love to hear some success stories or some advice.

Thanks

The user last logged into the forum almost 2 years ago.

Best to start your own topic with your circumstances and questions rather than digging up old threads to tag onto.

Many YMS visa holders have successfully applied for Tier 2 abroad and re-entered the UK.

Thanks