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: 7505
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

I am a Canadian citizen currently on a Tier 2 General

Customer Question

Hello - I am a Canadian citizen currently on a Tier 2 General visa in the UK (arrived Sep 2013), but may leave my current employer. I would like to remain in the UK after leaving my current employer. I turn 31 on Dec 30 2015.
Can I switch from a Tier 2 to a Tier 5 (youth mobility scheme) visa, and look for work while on a Tier 5 visa? Once working on a Tier 5 visa, can I switch back to a Tier 2 visa (after the 12 mth cooling-off period had finished)? To confirm, the Tier 5 visa does not count for the 5 years residency required for Indefinite Right to Remain, and I would need to restart the IDR clock once I resume a Tier 2 visa?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
No time spent under a Tier 5 visa would count towards ILR. So, even if you were able to switch to a tier 5 visa whilst you are 30 it would not be a good idea to do so if obtaining ILR if your priority.
As you have correctly identified, if you switch then your previous residence period would be stopped. This means that if you were to subsequently switch back from Tier 5 to another visa that was eligible for ILR then you would have to complete a further 5 years before you are eligible for ILR.
ON this basis, I assume that you will decide not to switch to tier 5 and will instead either continue in your current role under your tier 2 sponsor until you reach 5 years and apply for ILR, or look for another role under another tier 2 sponsor and apply to switch sponsors.
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Thank you Tom for your answer.

I wanted to follow up regarding my first two questions (the ILR consideration is secondary; I would prioritise being able to stay and work in the UK).

Can I switch from a Tier 2 to a Tier 5 (youth mobility scheme) visa, and look for work while on a Tier 5 visa?

Once working on a Tier 5 visa, can I switch back to a Tier 2 visa (after the 12 mth cooling-off period had finished)?

Expert:  Thomas replied 1 year ago.
Hi,
If you switch to a youth mobility visa and give up your right to apply for ILR under Tier 2 then you can work and look for work.
You cannot switch back to a Tier 2 visa from a tier 5 visa without leaving the country. No switching is allowed under a tier 5 visa
I have also checked and you cannot apply for a tier 5 youth mob visa from within the UK and so this is presumably now not an option for you at all.
Tom
Customer: replied 1 year ago.

Tom,

If I leave the country temporarily, can I switch from a Tier 2 to a Tier 5 visa?

Also, if I leave the country temporarily, can I switch from a Tier 5 to a Tier 2 visa?

Thanks,

Jocelyn

Expert:  Thomas replied 1 year ago.
Hi,
You would have to apply from your home country, but yes provided you meet the eligibility criteria you could apply for a tier 5 visa but you would lose your tier 2 residence period that you have built up.
You could also leave the UK once on a tier 5 visa and apply from your home country for a tier 2 visa
Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7505
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Tom - if I leave the UK and wait 12 months to come back on a Tier 2 visa, can I visit the UK in the meantime? Is the 'cooling off' period only for working in the UK on a Tier 2 visa, or can I be on a Tier 5 visa (and be in the UK) in the meantime?

Expert:  Thomas replied 1 year ago.
Hi
The cooling off period is for tier 2 ICT.
You should be able to enter as a visitor in the interim period, however you are in a slightly higher risk category if you will do so after having only recently been in the UK on a tier 2 visa, because they may view this as more likely that you will seek to stay longer than the visit visa period and therefore I would suggest that you apply for a visit visa before you actually travel.
Tom
Customer: replied 1 year ago.
Hi Tom - can i work on a tier 5 visa during my tier 2 cooling off period? Does being on a tier 5 affect my ability to return on a tier 2 visa?
Expert:  Thomas replied 1 year ago.
You should still be able to apply for tier 5 during the cooling off period.Tom
Customer: replied 1 year ago.
Thanks, ***** ***** on a tier 5 won't affect my right to return to a tier 2 visa after 6 months?
Expert:  Thomas replied 1 year ago.
No

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    890
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    890
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    109
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm