T4 switch to T5, with a debt?

[papageno]

Hello everyone,

I have a query regarding eligibility to apply for Tier 5 Youth Mobility visa (already obtained 2 years Certificate of Sponsorship), I am currently holding a Tier 4 student visa for my bachelor degree and it will expire in Nov 2017.

Very recently I have a UK County Court Judgement (CCJ) due to an unpaid debt from a friend, and now the case is settled, and I have been ordered to pay £50 per month from July.

In this situation can I still apply for my new visa? As I have to answer the application “Have you had any UK court judgement against you for non-payment of a debt, or received a civil penalty under UK Immigration Acts?" I understand I will have to say yes, and explain the details. Would my application be automatically refused as a result of the CCJ?

I am very stressed now, I would appreciate if you could answer me this. Thank you so much.

[sah10406]

I am concerned that you ask about a "switch" to Tier 5 YMS. You know that you need to be outside the UK to make the Tier 5 application, right? As such the General Grounds for Refusal you need to check are those for entry clearance, which are more strict than those for leave to remain.

If the matter is on your criminal record, it would be a discretionary (not mandatory) refusal under para 320(18A):

The applicant has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record within the 12 months prior to the date on which the application is decided,

So such an application should normally be refused.

I advise checking whether it is on your criminal record. If it is, the safest is to delay your application until there is at least 12 months between the conviction and the date on which the Tier 5 YMS application is decided, so you do not fall foul of paragraph 320(18A).

[Frontier Mole]

A CCJ is a civil matter and not a criminal conviction. So it will not count against you and does not need to be declared.
As for the move to Tier 5 YMS from tier 4... this is not an easy route to go. There is a general suspicion that anyone trying to use YMS post T4 study is a risk. Why would you need to do that is the first question? The expectations post T4 is the go home or move to Tier2 employment. Anything outside of those options begs questions as to your intent.

[sah10406]

There is a general suspicion that anyone trying to use YMS post T4 study is a risk. Why would you need to do that is the first question? The expectations post T4 is the go home or move to Tier2 employment. Anything outside of those options begs questions as to your intent.

What's your source for this perception or suspicion of risk and deceptive intent for a Tier 5 YMS applicant who has previously been studying? Coming back to the UK after studies for a period of temporary work under YMS seems a very reasonable and logical thing to do. I don't see where the risk or suspicious intentions would come in. Can you say more?

[joleekwokyee]

There is a general suspicion that anyone trying to use YMS post T4 study is a risk. Why would you need to do that is the first question? The expectations post T4 is the go home or move to Tier2 employment. Anything outside of those options begs questions as to your intent.

What's your source for this perception or suspicion of risk and deceptive intent for a Tier 5 YMS applicant who has previously been studying? Coming back to the UK after studies for a period of temporary work under YMS seems a very reasonable and logical thing to do. I don't see where the risk or suspicious intentions would come in. Can you say more?

Hi, this maybe a little bit late. I have just completed a course in the UK on a tier 4 visa, one day ago I was granted a tier 5 YMS visa too. So generally I think there is nothing to be worried about.