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ukvisasolutions
ukvisasolutions, Solicitor
Category: Law
Satisfied Customers: 27
Experience:  Immigration Solicitor
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I'm a Canadian citizen and I've been living in the UK with a

Customer Question

Hi!
I'm a Canadian citizen and I've been living in the UK with a student visa for 6 years (medical school) and a Tier 2 visa for 4 years and 11months . My visa expires mid -August, 2 weeks short of the 10yr residency requirement. I've fully completed my medical training now. My next job is happy to sponsor me but it will take time for them to be able to do so. Will I lose my residency eligibility whilst waiting for the new visa? Should I apply for a Youth Mobility Visa whilst waiting? Am I allowed to, or am I required to leave the country in the meantime? For how long?
Thanks!
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
P.S: How long does it normally take for the new job to get their sponsor right to be allowed?
Expert:  Nicola-mod replied 4 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 4 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 4 months ago.
Would u be able to find someone to answer?
Expert:  Nicola-mod replied 4 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  ukvisasolutions replied 4 months ago.

Hi,

Could you please explain what is your current status in the UK? I cannot tell if you are on a student visa or tier 2 visa from your question.

Customer: replied 4 months ago.
6 years student, 3yrs 11.5 months tier 2
Expert:  ukvisasolutions replied 4 months ago.

Are you still working for your current employer as you say in your question that my next job sponsor is willing to give me a job.

Customer: replied 4 months ago.
No I will be starting a new job
Expert:  ukvisasolutions replied 4 months ago.

Please kindly clarify.

At present, what is your immigration status. Please do not set out how many years you have been in the UK.

I just need to know what is your current leave at present. Are you at present on a student visa or on a Tier 2 visa?

If you are on a Tier 2 visa, when did you leave your last job?

If you are on a student visa, when did your course end?

Customer: replied 4 months ago.
Currently still on tier 2, expires on Aug 18.
Expert:  ukvisasolutions replied 4 months ago.

i am afraid you have not answered my previous question in which I asked that if you are under Tier 2,then when did you leave your job, because earlier you alluded that you are no longer with your current employer.

Customer: replied 4 months ago.
I have not left my job yet. My job finishes on the 2nd of August and my visa expires on the 18th. I was hoping to start a new job in a different city after this.
Expert:  ukvisasolutions replied 4 months ago.

As your leave expires two weeks before your ten years lawful residence, you can still make an application for indefinite leave to remain.

The rule allows you to make an indefinite leave to remain application within 28 days of your qualifying period i.e. ten year lawful residence periods.

The relevant rule for this is:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/488265/Long_Residence_v13.0_EXT.pdf

Applications being considered 28 days or less before the required qualifying period is completed

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

To apply for Tier 5 Youth Mobility, you need to return to Canada.

For your new employer to become licenced, I am afraid I cannot give a timescale on how long it takes as it depends on the organisation size and nature. But on average it can take 2-4 months for the sponsor license application.

Thank you for your question and I wish you all the best.

Please do not forget to rate my answer.

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