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Moving from Tier 5 Creative to Unmarried Partner

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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jonoedmeades
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Joined: Tue Jul 04, 2017 1:01 pm

Moving from Tier 5 Creative to Unmarried Partner

Post by jonoedmeades » Tue Jul 04, 2017 1:22 pm

Hi,

I recently put in a FLR(M) application whilst in the UK working on a Tier 5 - Creative worker sponsored visa.

I was under the impression that if I applied before my visa ran out, then the visa conditions, and my ability to work, would be extended until a decision was made.

My sponsoring company are now saying that I cannot work as the CoS has expired.

Does anyone know any more about this situation, and whether I am entitled to work here, or even remain here?

Thanks

Jono

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CR001
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Posts: 88118
Joined: Thu Mar 08, 2012 10:55 pm
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South Africa

Re: Moving from Tier 5 Creative to Unmarried Partner

Post by CR001 » Tue Jul 04, 2017 2:33 pm

Your existing visa conditions usually do continue. Google section 3C and section 3D.
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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Frontier Mole
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Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Moving from Tier 5 Creative to Unmarried Partner

Post by Frontier Mole » Wed Jul 19, 2017 3:09 pm

The issue with T5 creative is that there is an expectation that at the end of the visa the contract ceases and you return home. If you were specifically contracted for a set period then as soon as your visa expires there is no need for your employer to keep you on.
Your rights under 3c will allow you the same rights as your T5 visa but it does not ensure your Sponsor has to employ you. They could if they want but they should get an Employer Checking Service confirmation first.

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