Tier 5 to Tier 2 and residency

[mirandaeffler]

I'm a Canadian teacher in the UK. I've been on the Tier 5 Youth Mobility visa the last two years working at a primary school. My employer has offered to sponsor me, however, as primary teachers are not on the shortage of occupation list, we need to carry out the Resident Labour Market test and apply for CoS.

The school has received their Sponsorship License and applied for our CoS, however we have been denied as I've already turned 26 in April and below the salary threshold which was instated April of 2017.

I had previously spoken with Visas and Immigration and was told that Tier 5 Youth Mobility visas are meant to be a stand alone visa and therefore I would be considered a new entrant when applying for a Tier 2 visa as it will be my first time on a Tier 2 visa and I will be applying from my home country (Canada). I cannot find any support for this on Visa guidelines.

Was I given the wrong information, or can I apply for a Tier 2 as a new entrant and be exempt from the new £30,000 salary threshold?

[iworker]

IMO, if u have turned 26, u have got to have the experienced salary.

[mirandaeffler]

I've been on the Tier 5 youth mobility visa for the past two years as a teacher and I have been offered sponsorship to continue on the Tier 2 points based scheme. If I get the 3 year Tier 2 visa, are those years added to my 2 years under the Tier 5 youth mobility so that I am eligible to apply for indefinite leave to remain/permanent residency? Should I be applying for the 5 year Tier 2 visa instead?

[CR001]

If I get the 3 year Tier 2 visa, are those years added to my 2 years under the Tier 5 youth mobility so that I am eligible to apply for indefinite leave to remain/permanent residency?

No it does not. Tier 5 does not lead to ILR and you cannot combine different visa categories to make up 5 years.

Should I be applying for the 5 year Tier 2 visa instead?

You could but you can apply for 3 years and then apply for an extension near to the expiry of the tier 2 general.

You can only apply a length visa as is stated in your CoS, i.e. if it is for 3 years, then that is all you can apply for at this stage.