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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7673
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a Canadian citizen currently on a Tier 2 General

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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?
Thomas
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
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Customer: replied 2 years 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)?
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
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Customer: replied 2 years 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

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
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Customer: replied 2 years 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?
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
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Customer: replied 2 years 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?
You should still be able to apply for tier 5 during the cooling off period.Tom
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Customer: replied 2 years ago.
Thanks, ***** ***** on a tier 5 won't affect my right to return to a tier 2 visa after 6 months?
No
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