How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

Hello. I have a question about Japanese women. Does she have

Resolved Question:

Hello. I have a question about Japanese women. Does she have rights to apply for ILR if for last 9 years she spend 1657 days in UK,, 1319 days in South Ireland and 363 days in Japan. Thank you very much
Yana
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi,

Time spent in Europe/Republic of Ireland is not applicable to rights to LIR.

Has she resided in the UK for the past 5 years? If so, please state what visa(s) she has held during this time.

Kind regards,

Tom
Customer: replied 4 years ago.

her time in UK is


06/06/04-06/06/05 charity visa (volunteer)


04/01/07-19/02/09 charity visa ( volunteer)


01/10/12-now charity visa (volunteer)


the organisation can provide sponsorship certificate, as she has no money to go back to Japan and she has no place to stay there for waiting for other visa, is there are any possibility to extend her charity visa without leaving UK but on legal base.


Thank you very much.


Yana

Expert:  Thomas replied 4 years ago.
Hi Yana,

Do you mean she is here as a temporary work for a charity under Tier 5, as here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/charityworkers/


OR is she working under another category of working visa (perhaps as a Tier 2 Skilled worker):-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/

I need to know to give you the correct answer...

Kind regards,

Tom
Customer: replied 4 years ago.

Hi, Tom


She has Tier 5 charity worker visa


thank you


Yana

Expert:  Thomas replied 4 years ago.
Hi Yana,

Is she in a relationship with any one in the UK?

Does she have minor-age children that reside in the UK?

Kind regards,

Tom
Customer: replied 4 years ago.

No. she had a relationship in Scotland, but it is over ( unfortunately). no children... only a great reputation and reference as a great worker with people with special needs...she has a nurse licence of Japan but it can't be recognizable in UK. But she will start NVQ 3 in care and support worker in our organisation when she will have proper status. If there are any possibility when she can be one to one support worker in our organisation as at this moment we have an autistic person with whom only she can manage to work and it can help the process to improve here status.


Thank you


Yana

Expert:  Thomas replied 4 years ago.
Hi Yana,

Do you mean that you propose to ultimately employ her?

Kind regards,

Tom
Customer: replied 4 years ago.

yes, but she can stay as a co-worker in our organisation ( CVT) camphill community Botton Village as she have no intention to be employee in the future. but if it is needed for here situation we can support this way too.


Yana.

Expert:  Thomas replied 4 years ago.
Hi Yana,

Drafting your answer now.

5 Mins.

Tom
Expert:  Thomas replied 4 years ago.

Thanks for your patience.

I am afraid that the first thing to say is that she does not qualify for ILR and whilst she remains as a temporary work on a Tier 5 visa she does not have any future prospect of becoming entitled to ILR.

This is because Tier 5 is not a visa category which affords a person a right to apply for ILR (ie. Settlement) after a certain amount of time spent in the UK. You will find unfortunate confirmation of this here:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier5/charityworkers/settlement/

Therefore, unless she changes to a visa category which gives her a right to apply for settlement after a specific period of time (usually 5 years residence) then she will remain in this position I’m afraid.

Unless she has considerable monies to invest in the UK economy (ie. £200,000.00) then the most conspicuous way forward would be to secure a job offer form a licensed sponsor of Tier 2 Sponsored Skilled Workers, so that she can apply for Tier 2 visa
You will have to see if there is the job she would do is on the shortage occupation list:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

She would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/

If your job is not on this list then this means that the employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform the role at the salary offered.

If they are willing to sponsor then he then she will also have to meet the requisite number of points under the Tier 2 points based system:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3

You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for.

There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/


If she is able to switch to a Tier 2 visa then after she has been on this for 5 years she will be able to apply for ILR.

Unless she changes her immigration category or her relationship status changes then I’m afraid that she is stuck in her current position, although I am very sorry to say so.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas and other Immigration Law Specialists are ready to help you