Making a VALID application

[delikatnyid]

Dear All

I am a non-EU national (originally from Ukraine) and am 18. I have studied in the UK for 7 years and currently stay in the UK on my gap year after finishing the school earlier this year. I have my Tier 4 student visa which expires end of December.

I have been offered work which I am keen to take in the UK and so I need to switch to Tier 5 visa. However, the employer wants me to do a 3 month trial period before giving me an invitation (sponsorship) to work. Yet, evidently I cannot do these 3 months since my visa expires sooner (end of December).

The employer therefore suggests that I could start work immediately, make a VALID application for the Tier 5 visa by the end of December and whilst the application is being processed I carry on working. My question is what documents I should ask from the employer to make a valid application to the Home Office by the end of December. Again, by this time I will have the employer’s confirmation of the sponsorship yet as he wants me to complete a 3 month probation period first, and so I could only have such confirmation end of February. Could there be any other documents without the employer’s confirmation to make a valid application?

I would like to thank you in advance for your any help with this issue.

[CR001]

What category of Tier 5 do you qualify for?

Is your prospective employer on the approved sponsor list?

Are you sure you don't mean Tier 2 General visa?

[delikatnyid]

Thank you for getting in touch

I am not sure which category of Tier 5 visa I am eligible for as I thought there was only one - temporary work visa.

I also do not know whether my employer is on that list or not, where could I check? It is a Chinese restaurant in Mayfair and the employer seemed as if they had the license to give out sponsorships.

Would you suggest a Tier 2 visa is a better option. I am merely a student on my gap year and will be starting university in September.

Kind regards

[Wanderer]

Thank you for getting in touch

I am not sure which category of Tier 5 visa I am eligible for as I thought there was only one - temporary work visa.

I also do not know whether my employer is on that list or not, where could I check? It is a Chinese restaurant in Mayfair and the employer seemed as if they had the license to give out sponsorships.

Would you suggest a Tier 2 visa is a better option. I am merely a student on my gap year and will be starting university in September.

Kind regards

Doesn't sound legal I'm afraid, I can't see what connection there is between a Chinese restaurant and a Ukrainian, can you enlighten us?

[CR001]

These are the different Tier 5 categories

Youth mobility scheme: For young people from Australia, Canada, Japan, New Zealand, Monaco, and Taiwan who want to come and experience life in the UK.

Creative and Sporting: For people coming to work or perform in the UK for up to 12 months as sportspeople, entertainers or creative artists. Sportspeople must be internationally established at the highest level in your sport, and/or their job must make a significant contribution to the development and running of sport at the highest level.

Charity Workers: For people coming to do voluntary (unpaid) work for a charity in the UK.The work must be directly related to the sponsor organisation's work.

Religious Workers:For people coming to the UK for preaching, pastoral or non-pastoral work,or work in a religious order such as a monastery or convent.

Government Authorised Exchange: For people coming to the UK through approved schemes that aim to share knowledge, experience and best practice, and to experience the UK's social and cultural life. This category must not be used to fill job vacancies or to bring unskilled labour to the UK.

International Agreement: For people coming to the UK under contract to do work that is covered under international law. This includes workers under the General Agreement on Trade in Services (GATS) and similar agreements, employees of overseas governments and international organisations, and private servants in diplomatic households.

Doesn't appear you will qualify for any of them.

This is the list of approved Tier 2 and Tier 5 sponsors. If the Chinese restaurant is not on the list, then they are not a sponsor.

GTier 2 and Tier 5 Approved Sponsor List (Click)