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Help Tier 5 (youth mobility) to Tier 2 General

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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turnerj
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Joined: Sat Jan 20, 2018 11:03 am
New Zealand

Help Tier 5 (youth mobility) to Tier 2 General

Post by turnerj » Sat Jan 20, 2018 11:57 am

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) visa WITHIN the UK. Is this possible? I am currently working for a company who is willing to sponsor me.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.

My current visa expires 26th March 2018, am I able to go home attend the appointment for my tier 2 visa before my current visa expires and await the outcome while still living I the UK? Or can I apply from the UK and not have to go home.

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 your help would be much appreciated.

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CR001
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Re: Help Tier 5 (youth mobility) to Tier 2 General

Post by CR001 » Sat Jan 20, 2018 12:10 pm

turnerj wrote:
Sat Jan 20, 2018 11:57 am
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) visa WITHIN the UK. Is this possible? I am currently working for a company who is willing to sponsor me.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. No, you cannot 'switch' within the UK. You have to apply from your home country.

My current visa expires 26th March 2018, am I able to go home attend the appointment for my tier 2 visa before my current visa expires and await the outcome while still living I the UK? Or can I apply from the UK and not have to go home. You have to submit your passport when you apply so you won't be able to travel. Also, the visa is a 30 day vignette in your passport.

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. You can only switch to Tier 2 if you hold Tier 1 or Tiere 4. Tier 5 does not qualify to switch within the UK.

If anyone can provide some clarity or has applied under the same circumstances your help would be much appreciated.
Your employer will also have to complete the full and proper RLMT process to prove you are not 'pre-selected'.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sah10406
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Posts: 3685
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Help Tier 5 (youth mobility) to Tier 2 General

Post by sah10406 » Sat Jan 20, 2018 12:12 pm

turnerj wrote:
Sat Jan 20, 2018 11:57 am
I'm on a Tier 5 (Youth Mobility Scheme) visa and would like to apply for a Tier 2 (general up to 3 years) visa WITHIN the UK. Is this possible?
No. See https://www.gov.uk/tier-2-general/switch-to-this-visa
turnerj wrote:
Sat Jan 20, 2018 11:57 am
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.
I think you must be looking at guidance about something else. The Immigration Rules are very clear that someone with Tier 5 Youth Mobility cannot switch to Tier 2, and that someone with a Tier 4 (student) visa is one of the view people who *can*. The Tier 2 Policy Guidance for applicants explains this in the section on "Switching", pages 17-19.

https://www.gov.uk/government/publicati ... r-2-worker
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

turnerj
Newly Registered
Posts: 2
Joined: Sat Jan 20, 2018 11:03 am
New Zealand

Re: Help Tier 5 (youth mobility) to Tier 2 General

Post by turnerj » Sat Jan 20, 2018 12:55 pm

Can I apply for a tier 2 working visa while my tier 5 is still valid or do I have to wait until it expires?

Thank you so much for your help

sah10406
Diamond Member
Posts: 3685
Joined: Sun Apr 20, 2008 11:09 am
United Kingdom

Re: Help Tier 5 (youth mobility) to Tier 2 General

Post by sah10406 » Sat Jan 20, 2018 12:58 pm

turnerj wrote:
Sat Jan 20, 2018 12:55 pm
Can I apply for a tier 2 working visa while my tier 5 is still valid
Yes.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

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