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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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Hi there, I have some simple questions, as I cannot find clear

Resolved Question:

Hi there, I have some simple questions, as I cannot find clear answers on Gov.Uk website:
[1] Does Tier 5 (Temporary worker- Government Authorised Exchange) visa accounts and consider in 10 years long residence,
as now I have been here in the UK for more than 8 years
Tier 4 student = 3.5 years,
Tier 4 dependant = 2 years,
Tier 2 general = 2 years,
Tier 4 dependant (doctorate extension scheme) = 1 year
And now I would like to apply for Tier 5 (Temporary worker- Government Authorised Exchange) visa for two years to complete the 10 years long residence.
[2] Can I switch from Tier 4 dependant (doctorate extension scheme) visa to Tier 5 (Temporary worker- Government Authorised Exchange),
if YES, can I switch from inside the UK. as it is not safe now to switch from my home country (EGYPT) as I am against the new coup government in EGYPT now?
[3] If I got Tier 5 (Temporary worker- Government Authorised Exchange) visa for two years, Can I switch from this visa to Tier 2 worker if I get job offer (temporary or permanent), if YES, can I switch from inside the UK.
[4] Can I switch from Tier 2 general dependant into Tier 2 worker in case I find a job offer, if YES, can I switch from inside the UK.
[5] What are the disadvantages of Tier 5 (Temporary worker- Government Authorised Exchange) visa when comparison with Tier 2 general workers.
[6] If I can not renew my current visa (Tier 4 student dependant DES) for any reason can we apply as a family for Humanitarian Application ( 7 years child born in the UK) as all my three children were born in the UK and my older daughter will complete 7 years by May 2015?
Many thanks
Alaa
Submitted: 2 years ago.
Category: Law
Expert:  Senior Partner replied 2 years ago.
HI Alaa
A tier 5 visa is completely unsuitable for you. It is intended for someone coming for temporary purposes and has a maximum limit of 2 years. You are clearly not here for temporary purposes so any application under tier 5 will be seen as an attempt to manipulate the system and is likely to be refused. If you read the guidance it makes it clear UKBA is concerned about abuse of tier 5 visas.
If you get a tier 5 visa then yes the time would count towards 10 years for iLR. It is precisely to cater for people who are in categories where they cannot otherwise apply of ILR.
You do not explain who would sponsor you - You have to be on a specific approved scheme. You cannot switch to Tier 2 from this form of tier 5 - see here for a list of visas from which you can switch to tier2.
https://www.gov.uk/tier-2-general/switch-to-this-visa
If you are currently here as a dependent why cannot you continue on that basis?
If you are genuinely in fear of persecution by the government of Egypt it is of course open to you to apply of asylum but you will need evidence to support your position.
The fact that you have established a family life her may enable you to stay but it would be better to find a means of applying for a normal visa as it is not easy to make a discretionary claim and once your current leave expires you may not be bale to work pending any discretionary claim and if refused you would then be required to leave and have a long battle to avoid deportation - which I am sure you can succeed in
Customer: replied 2 years ago.

Hi,

Thanks for your appreciated response.

If I will apply for Tier 5 visa, I will get a sponsor certificate from Cardiff or Liverpool University, as I am going to work as a visiting research with one of academic staff there.

Now, my wife is Tier 4 student (DES),and I am a dependant on her visa, but by the end of this month, she is going to switch to Tier 2 general for 6 month, and I will be dependant on her visa as well (but the point is we will pay around £3000 as a family to renew the visa only for 6 month (the rest of her contract)). for this reason, I am thinking about Tier 5 for me to complete the 10 years.

one important question, can my wife switch into Tier 5 for two years instate of tier 2 for 6 months. as this will be longer and cheaper (£1000 for whole family). of course this will be in case her supervisor and the University will agree.

With regards ***** ***** my visa from Egypt. of course I do not like to apply for Asylum, especially I am close to apply for ILR, as far as I know apply for Asylum is very complicated case and need a lot of evidences and may take very long time.

my question here is if there is any exception to renew my visa from my home country due to the risk of persecution, or at least if I can renew from any other country outside the UK.

Again just for confirmation, Tier 5 or Tier 5 dependent could be account in 10 years long residence. is that true.

Many thanks

Alaa

Expert:  Senior Partner replied 2 years ago.
Yes tier 5 will count towards the 10 years. Any continuous lawful resident recounts.
You are welcome to try for either of you to switch to tier 5 but I think you will have issues. The category is intended for temporary purposes. It is not a long term category. It has been open to abuse and the UKBA expressly says that in its guidance so there is a significant risk that an application will be refused because it is not a genuine temporary role for the purpose of gaining experience.
Furthermore I am not clear that you are in a category that allows you to switch . You can switch from tier 4 so your wife can switch but I do not think you can switch as a holder of a dependent visa . This is not within the guidelines even if you can get a sponsor and fit within a scheme.
There are also restrictions on what work you can do with tier 5. I.e. You can only work up to 20 hours.
It is les than ideal and if your wife can get a tier 2 role for 2 years it would clearly be better.
Customer: replied 2 years ago.

Ok,

So it will be better for my wife to switch to tier 2. the point it is if she switch to tier 2 this only will be for 6 months and she can not grantee if she can extend in the future under tier 2. while on the other side, if she can switch to Tier 5 this will be for 2 years.

My last two questions:

[1] Now there is a 6 months rest in the contract of my wife. If my wife switch from Tier 4 (DES) to Tier 5, Can she still work a full time according to her contract. or he must to be in Tier 2?

[2] My question here is if there is any exception to renew my visa from my home country due to the risk of persecution, or at least if I can renew from any other country outside the UK.

Thanks

Alaa

Expert:  Senior Partner replied 2 years ago.
Hi Thanks for the further questions. Your wife can work whatever hours are specified for the role for which the sponsorship certificate is issued. If that is full time that is fine.
If you are here lawfully then there is no need to apply from outside the UK. As long as you apply for an extension before the existing leave expires then it is fine to apply in the UK. The only time you need to leave and apply from elsewhere is if the application is prohibited from the UK. For example a holiday visitor cannot apply to long term stay from within the UK.
Customer: replied 2 years ago.

Thanks for your kindly response.

In my case, Now I am Tier 4 dependent (DES), SO if I get the chance for job, so I can switch to Tier 2 general from UK.

BUT, by the end of this month, my wife may switch to

[1] tier 2 general, so I will be tier 2 general dependent in this case, and as I read, if I get the chance for job, so I can not switch to Tier 2 general from UK, I have to switch from outside, Is that true?

OR

[2] In case. my wife switch to tier 5, then I will be tier 5 dependent. So if I get the chance for job, so I can not switch to Tier 2 general from UK, I have to switch from outside, Is that true?

thanks

Alaa

Expert:  Senior Partner replied 2 years ago.
You can switch to tier 2 from a dependent of tier 4 but you cannot switch from tier 5 or tier 5 dependency - that Is because they are meant to be short term/temporary. So you are correct to switch to tier 2 you. Would have to apply from outside.
If you are a dependent whether of tier 2 or otherwise you woul not generally be restricted from working. If the person you are dependent upon ceases to gave leave to remain then your right to remain also ends so you would not generally be able to switch from a de pendent category but have apply in your own right. Tier 4 is an exception.
So you are correct if your wife switches to tier 2 you cannot then seek a tier 2 visa instead of her.
Customer: replied 2 years ago.

Sorry the last two lines are not clear.

Do you mean that. if I have tier 2 dependent visa, and I get chance for job offer with certificate of sponsorship for tier 2 general visa, then I have to switch from outside UK, or it is not allowed to switch from tier 2 dependant visa to tier 2 general visa from inside or outside the UK.

THANKS

Expert:  Senior Partner replied 2 years ago.
If you are here as a Tier 2 dependent then you will not be restricted from working so you do not need a work visa so you cannot "switch " there is nothing to switch to- you don't need permission to work. You cannot apply for a tier 2 visa in your own right in the Uk whilst you are here as dependent unless you are here as a tier 4 dependent. So in practical terms this means that if you want to apply for tier 2 yourself then you will have to leave an apply for reentry under tier 2.
Customer: replied 2 years ago.

Great, it is more clear now.

So if the get a job offer and I would like to apply for Tier 2 worker, I have to leave and apply for re-entry under tier 2.

in this case there will no any cut on my long residence (10 years) if my current visa not expiry during my new application process from outside the UK.

Expert:  Senior Partner replied 2 years ago.
You can leave the Uk for periods of up to six months at a time as long as your total absences in the 10 year period do not exceed 540 days.
So as long as a new applicant is completed within 6 months you should be fine
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