Logistics of Changing from a t5 visa to a t2 visa

[ausemployed]

I am currently in the UK employed in a skilled role under a t5 youth mobility visa, and my company is willing to sponsor me to stay under a t2 visa. I currently have around 8 months remaining on my t5 visa.

At the moment I have every requirement except the certificate of sponsorship (which my company is currently working on).

I was wondering about the logistics of how I am supposed to go about this switch.

It appears that I have to apply for the t2 visa from my home country, how long would something like this take? Could I take a 2-3 week holiday back home, and come back on a different visa?

How would this affect my t5 visa?

[CR001]

Correct you have to apply from home country.

It can take from a couple of weeks up to a couple of months.

Once a Tier 2 is granted, your Tier 5 is cancelled. If tier 2 is refused, it should not affect the validity of your tier 5.

Has your employer completed the full and proper RLMT process BEFORE isssuing you with a COS to prove you have not been 'pre-selected' and that no other Settled worker/British or EU citizen is available to do the job?

Is the salary a minimum of £30k?

[ausemployed]

Correct you have to apply from home country.

It can take from a couple of weeks up to a couple of months.

Once a Tier 2 is granted, your Tier 5 is cancelled. If tier 2 is refused, it should not affect the validity of your tier 5.

Is there anyway to speed up the process or at least guarantee that it would be processed in a few weeks?

Has your employer completed the full and proper RLMT process BEFORE isssuing you with a COS to prove you have not been 'pre-selected' and that no other Settled worker/British or EU citizen is available to do the job?

Is the salary a minimum of £30k?

The salary is higher than 30k, so I believe that part is satisfied.

I don't believe that the company has completed a RLMT, they would need to do this.

I have a specific skill set that is probably more expensive than my salary, but technically they could pay extra and get a local replacement. In your experience, do you think that this would be a problem?

[CR001]

You could apply for priority service if it is available in your home country but this is no guarantee that it will be processed quickly.

RLMT is mandatory unless it is a shortage occupation job (although there have been quite a few refusals for these due to no RLMT even though not required).

Difficult to prove no 'pre-selection' if you are already employed with them. Most refusals are due to incomplete RLMT or RLMT not being done properly and specifically taylored for the applicant so as to exclude anyone else. HO can, and often do, ask for specific details on the 'other' applicants and why they are not suitable.

I am guessing you have no UK born grandparents either??

[ausemployed]

I am guessing you have no UK born grandparents either??

Unfortunately no, that would make it much simpler.

Difficult to prove no 'pre-selection' if you are already employed with them. Most refusals are due to incomplete RLMT or RLMT not being done properly and specifically taylored for the applicant so as to exclude anyone else. HO can, and often do, ask for specific details on the 'other' applicants and why they are not suitable.

According to people in my field, other people have gotten sponsorship who are less qualified than me, however it is not exactly the same case since I am already employed with the employer I want to work for. I think that these people were sponsored before they started.

Do you feel that my situation would feel too much like pre-selection, and that would make a RLMT impossible?

[CR001]

You should have no issues provided that RLMT is completed 300% accurately per the guidelines.