TIER 5 YOUTH MOBILITY MIGRANT

[LondonLadyfromAus]

Okay CR

[Wanderer]

Dunno if this is still possible but could you now leave at the end of your YMS visa, go to EU and immedately re-enter as a visitor to get you to December?

Obvs you'd have to suspend your business as you can't work and might be tricky explaining a 6 months visit but it's something to have a think about.

Not sure if that's been blocked now though, as it's not particularly cricket......

[CR001]

Dunno if this is still possible but could you now leave at the end of your YMS visa, go to EU and immedately re-enter as a visitor to get you to December?

Obvs you'd have to suspend your business as you can't work and might be tricky explaining a 6 months visit but it's something to have a think about.

Not sure if that's been blocked now though, as it's not particularly cricket......

The difficulty the OP would have is that she has an established life here and unlikely she would be allowed to re-enter the UK as a visitor so soon after living here for 2 years on YMS. She will clearly not be a 'visitor'.

She would also have to return to her home country to make an application once her partner has PR.

[Casa]

Has your lawyer pointed out that once your partner has PR he will only be able to sponsor you under the UK Immigration Rules? i.e Once you are married (which is another issue) you would have to apply for a Spouse Settlement visa from outside of the UK. This can't be submitted here. As your sponsor, he would have to show earnings of £18,600 per annum, pro-rata for the 6 months prior to submitting the application. Without any income you would need £62,500 in savings, held in an accessible account for a minimum of 6 months. In addition to the visa fee of £1,195 (after 6th April) you would have to pay the NHS surcharge of £600 as Australian nationals will no longer be exempt from 6.04.16
If you are unable to marry in the UK (which may be the case if your visa has expired) you would have to either marry in Australia or apply for a fiance visa in Australia in order to return and marry here within 6 months. This would require an another visa application, and an additional fee of £811. £1195 + £811 + NHS surcharge.

[noajthan]

Has your lawyer pointed out that once your partner has PR he will only be able to sponsor you under the UK Immigration Rules? i.e Once you are married (which is another issue) you would have to apply for a Spouse Settlement visa from outside of the UK. This can't be submitted here. As your sponsor, he would have to show earnings of £18,600 per annum, pro-rata for the 6 months prior to submitting the application. Without any income you would need £62,500 in savings, held in an accessible account for a minimum of 6 months. In addition to the visa fee of £1,195 (after 6th April) you would have to pay the NHS surcharge of £600 as Australian nationals will no longer be exempt from 6.04.16
If you are unable to marry in the UK (which may be the case if your visa has expired) you would have to either marry in Australia or apply for a fiance visa in Australia in order to return and marry here within 6 months. This would require an another visa application, and an additional fee of £811. £1195 + £811 + NHS surcharge.

And you thought the lawyer's legal fees were bad enough!

[LondonLadyfromAus]

hey all

So it looks like my partner has right to Remian!

He can apply for permanent res in December.

Interestingly I just realised that by default if I just put in an application for another visa, to extend stay, or exceptional circumstances (sick and had MRI recently), I can stay further months until I get the reply from Home Office. I think this is an important point to note for other people in my position in the future.

Though we know the applications will be rejected a case can still be devised and not everything is black and white as told by my immigration lawyer here in London. There are exceptions and exemptions and until we can find an approach for now I'll at least submit an application to remain on some kind of grounds, before my visa expires. By the time they reply, it will have bought me at least about 3 months - and right now all I need is more time.

In August I'll have been working my partner for two years exactly - living together in London. We will be married soon and update you guys on how it all goes.

Basically what I've learned is that stressing and obsessing does nothing - achieves nothing. It's important to do your own research and not take forums for gospel as it can lead to disastrous outcomes and conclusions that aren't necessary.

[Casa]

Your lawyer should make you aware of two things:
1. Applications submitted in an attempt to buy time are being processed very quickly at present as the HO have become wise to this. It will be interesting to know what category of visa your lawyer believes is worth submitting, considering you aren't permitted to switch from Tier 5 from within the UK.
2. Once your Tier 5 visa expires, you won't be entitled to use NHS facilities and unless you have private medical insurance, any NHS treatment will be charged @ 150% of the costs. I mention this in particular as you say you are unwell at present.
3. Submitting an application due to being unfit to travel - see 2 above.

[LondonLadyfromAus]

Hey Casa

What brought to become a moderator here? You seem to have a real passion for immigration.

Thanks for your notes we will let everyone know the outcomes! I'm excited

[Casa]

Hey Casa

What brought to become a moderator here? You seem to have a real passion for immigration.

Thanks for your notes we will let everyone know the outcomes! I'm excited

The forum helped me 8 years ago with a visa extension application for my husband...and I decided to stick around.