T5 YMS to T2 General - spouse

[asnell]

Hi,

My employer is looking to sponsor me from a T5 YMS visa to a T2 General visa, however my girlfriend will not be sponsored by her current employer (we are both Australian).

What are her options to stay in the UK? Is it a T2 dependent visa she should be looking at?

Also, can she apply for this visa in the UK and stay here for the whole process or does she need to head back to Australia (like myself) to finish the process?

Thanks.

[Casa]

Your girlfriend won't be able to switch to Tier 2 Dependent unless you marry or qualify as unmarried partners.

What category of visa does she currently hold and when will it expire?

How will your current employer prove that you haven't been pre-selected and there is no EEA or British national suitable for the position? Does the employer currently hold an approved Sponsor licence?

[asnell]

hi casa - we've been together for 4 years and lived together the entire time (21 months here in the UK & the remainder in Australia) - my understanding is that we will need to provide proof of this along with a number of other documents to qualify as unmarried partners.

she also holds a T5 YMS visa which will expire 28th July 2017.

i will be going through the process of having my job advertised for 28 days etc to prove there is no EEA or British national suitable for my position. yes - my current employer holds an approved sponsor licence.

[Casa]

You are unable to switch to any PBS category from within the UK. You'll have to return to your home country and submit an application under Tier 2 General once your Sponsor has completed the full RMLT and has been issued a COS for the role.

Unless you have a skill which is in high demand & short supply in the UK it may be very difficult to prove you haven't been pre-selected due to being previously employed in the company under Tier5 YMS.

Your partner should apply for a Tier2 Dependent visa from outside of the UK as realistically her Tier 5 visa will expire before your own application is approved.

You will however need strong documented evidence to show that you have been living in a relationship 'akin to marriage' for the mandatory 24 months.