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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My wife and i are on Tier 5 yms visas and we are australian

Resolved Question:

my wife and i are on Tier 5 yms visas and we are australian citizens. my visa expires in december and my wife february 2017. we had a baby in april 2016 who is now 6 months old.
i previously held a student visa from 2002 to 2007 and graduated with a uk degree, after which i switched to hsmp from 2007 to january 2010 where i left for australia. i received an extension of hsmp in october 2009. my hsmp expired in 2013 while i was in australia.
i moved back to uk on tier 5 yms with first entry in february 2015 and then i returned full time in april 2015 and i have been working since but now my visa is due to expire in dec 2016.
is there an option for us to remain in the uk. my sister is married and a british citizen and lives in uk. she has been helping with childcare of our son.
i would like to know if there is a visa route of which we can remain in the uk with that allows us to work. we are not after benefits. we would like to be able to stay so my son can settle and maybe we may move after 2-3 years when he is older.
please let me know if you can assist.
Thanks
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Thomas replied 11 months ago.

Hi ,

Thanks for your question, but your options are extremely limited.

You would not be able to form a company in an attempt to sponsor yourself, this would not be a genuine spnosorship visa for the purpose of a Tier 5 Government Exchange visa. The home office would reject the application for sponsorship because the company is essentialy connected to you.

The most obvious option (assuming you do not have access to £200, 000 gbp for investment in to a UK business) would be a Tier 2 general visa. This is a work visa whereby you are sponsored by a genuine employer who is a licensed sponsor of tier 2 migrants.

You would have to first find a job offer from an employer willing to sponsor you for this reason and then meet the other eligibility critiera:

https://www.gov.uk/tier-2-general/overview

Unfortuntely, you cannot switch to this visa from within the UK on your visa and so you would have to leave the UK to apply for it from your home country:

https://www.gov.uk/tier-2-general/switch-to-this-visa

I am sorry that your options are thin but would be grateful if you would leave feedback leaving the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 11 months ago.
Hi tomIs there no way i can switch to tier 2 in country?Its a hassle with a newborn travelling back n forth.If it is that we have to go back and change then best way to do it.Will home office not consider based on young one?
Expert:  Thomas replied 11 months ago.

Hi,

Thanks for your reply. I understand that it's a hassle, but the home office does not allow switching to a tier 2 visa from your current visa. The applciaiton would be rejected and you would lose your application fee.

I am sorry, but this is enforced very strictly.

Please remember to leave feedback using the stars at the top of the page.

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 11 months ago.

Please remember to leave feedback, you have not yet..

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