Advice needed

[Jed95]

I'm posting this seeking advice on behalf of my girlfriend who's an Australian national, any help or advice would be greatly appreciated.

She has lived and worked in the UK for the past 2 years as a full time primary school teacher on a work visa. Shortly before Christmas, despite being sponsored by her school in Harrow, her application to remain and the subsequent appeal in December was rejected by the Home Office.

The applications were put forward on her behalf by the school, who I understand employed a third party to submit the application. From what she's told me, visa applications require a minimum of 21 supporting documents to be considered, hers had 27.

Today she was told that her third application (which this time had 60 supporting documents) has again been rejected.

I'm at a loss for what to do, she's beginning to lose hope in our system, as am I. Here I was thinking University educated, English-speaking Commonwealth nationals would be allowed straight in without question, yet 3 months on I'm having to convince her to not give up trying.

Her school are determined to keep trying, but I'm worried our luck has run out.

If anyone has ANY advice that could be helpful then please help us.

[Noname36]

Hi,

I’m assuming it has been the requests to HO for a certificate of sponsorship for her that’s been rejected rather than her visa application which would require her to be in Australia to make?

If so a lot of us are in the same terrible position currently. Over December and now January there was an extremely high amount of requests for certificates of sponsorship and only a certian amount can be allocated each month as there is an annual cap on migrant workers. These are allocated on a points system based on whether your job is on the skilled shortages list, salary, etc. the cut off score needed for CoS in December was 55 which is why she would have been rejected on 27 (this and next couple of months look similar tbh).

I’m not sure of her current visa status but I assume it has, or will very soon expire given she has been in the UK for 2 years? She really only has 2 options:

1. She can re-enter the UK on a visitor visa for ho to 6 months but please note she will NOT be able to work during this time or go home to Australia and hopefully wait for positive news there.

Or

2. Depending on your immigration/relationship status she could potentially apply to stay as your dependant however that depends on your current status. If you have UK citizenship/residency you would have to prove that you’ve been in a relationship, lived together, etc. for 2 years (pretty much impossible if she’s on a 2 year visa) or if you’re not from the UK and are on a visa yourself and have been with her for 2+ years she can become attached to your visa depending on what type it is. Pretty much if you haven’t been together for 2+ years marriage is the only option but that’s quite a step to take. My partner and I seriously discussed the option (I’m in the same position as your girlfriend) but for me it was too much of a big step to take but I get that everyone is different.

I really do sympathise with her current predicament - I’m in a very similar position. I wish I could offer help.

Good luck!

[Jed95]

Thanks a lot for your speedy response!

You might be right, I've struggled to keep track of all the details through tearful phonecalls. She returned to Australia shortly before Christmas and the school has been submitting the applications on her behalf.

I did not know the requirement was as high as 55 and neither did the school apparently! From what the school have told her today, Primary school teachers aren't considered amongst skilled workers, so I imagine she's not overly high on the priority list.

From memory her visa expired at the start of the year and yes I'm a UK national but we've unfortunately not been together for 2 years.

Thank you so much for your response, I wish you all the best with your situation and can only apologise for our awful system.

[CR001]

Was her last visa a Tier 2 General visa or a Tier 5 YMS visa?

the school has been submitting the applications on her behalf.

Not possible if applying from abroad. She is required to submit a visa application in her home country herself.

[Jed95]

Was her last visa a Tier 2 General visa or a Tier 5 YMS visa?

the school has been submitting the applications on her behalf.

Not possible if applying from abroad. She is required to submit a visa application in her home country herself.

It was a Tier 5 Youth Mobility visa - apologies if I've posted this in the wrong section

And I was mistaken, the school were applying for sponsorship on her behalf, she had begun the process of applying for her visa from Australia the day she was informed her sponsorship had again been rejected.

[KeiKei]

I am in the same boat as your girlfriend - Australian national, worked in UK on Tier 5, expired and am trying to get back in on a Tier 2. I've been waiting for my CoS allocation for the past two months. My boyfriend is from the UK, but unfortunately we can't prove we're in a 2+ year relationship either!

If it really is the CoS holding up your girlfriend's visa, my only advice is for her sponsors to keep trying each month. She might not get in February, as the allocated amount is 1000, but March is supposedly 2200 places. In the meantime she can travel back to the UK as a tourist and stay for 6 months, though in my experience it's a real nuisance going through customs because they will interrogate her about why she's there (ie. is she planning to work illegally, how is she funding her trip, does she have flights booked back? etc)

All I can say is that I feel your frustrations!! and good luck!

[Jed95]

I am in the same boat as your girlfriend - Australian national, worked in UK on Tier 5, expired and am trying to get back in on a Tier 2. I've been waiting for my CoS allocation for the past two months. My boyfriend is from the UK, but unfortunately we can't prove we're in a 2+ year relationship either!

If it really is the CoS holding up your girlfriend's visa, my only advice is for her sponsors to keep trying each month. She might not get in February, as the allocated amount is 1000, but March is supposedly 2200 places. In the meantime she can travel back to the UK as a tourist and stay for 6 months, though in my experience it's a real nuisance going through customs because they will interrogate her about why she's there (ie. is she planning to work illegally, how is she funding her trip, does she have flights booked back? etc)

All I can say is that I feel your frustrations!! and good luck!

As bad as it sounds I'm glad she's not the only one facing this problem! I've convinced her to keep trying and will let her know that the entrant spaces are increasing in March, however I hope it's not that long a wait. I suggested she could travel here for 6 months, but without the ability to work it'd be impossible for her to fund it and or do anything so it's just not viable.

Thank you for your reply and all the best to you!

[Jed95]

She was told today that her 4th application has been rejected again.

[Hopeful42]

I really sympathise with you and your girlfriend. There are many, many of us in the same position. I guess all she can do is keep trying but I guess that will depend on how long the school can keep applying. I want to be able to say the points needed will drop but that doesn’t seem to be happening sadly.

[Jed95]

I really sympathise with you and your girlfriend. There are many, many of us in the same position. I guess all she can do is keep trying but I guess that will depend on how long the school can keep applying. I want to be able to say the points needed will drop but that doesn’t seem to be happening sadly.

I'm just reading through the other post at the moment to get an idea for the monthly cut offs. I'm not sure how many points she has, so we're now trying to consider other possible methods.

[Hopeful42]

I really sympathise with you and your girlfriend. There are many, many of us in the same position. I guess all she can do is keep trying but I guess that will depend on how long the school can keep applying. I want to be able to say the points needed will drop but that doesn’t seem to be happening sadly.

I'm just reading through the other post at the moment to get an idea for the monthly cut offs. I'm not sure how many points she has, so we're now trying to consider other possible methods.

Were any of her grandparents born in the UK? If so being from Australia she can apply for an ancestry visa but it can be difficult to prove if she doesn’t have birth certificates.

[Jed95]

I really sympathise with you and your girlfriend. There are many, many of us in the same position. I guess all she can do is keep trying but I guess that will depend on how long the school can keep applying. I want to be able to say the points needed will drop but that doesn’t seem to be happening sadly.

I'm just reading through the other post at the moment to get an idea for the monthly cut offs. I'm not sure how many points she has, so we're now trying to consider other possible methods.

Were any of her grandparents born in the UK? If so being from Australia she can apply for an ancestry visa but it can be difficult to prove if she doesn’t have birth certificates.

Unfortunately not, she has Italian heritage but to apply for an Italian visa her mother would have had to have been born there, they immigrated 1 generation too early so not even that's possible.

[Hopeful42]

I see, yes it is very difficult. Tell her to keep trying, although given the current high amount of applications/backlog it will likely be quite a few more months if she has 27 points in my opinion.

The quota is re-set in April so we’re all praying that they may increase the quota then. I say it’s unlikley given the government have been very vocal about stopping migration but you never know. That would give her a greater chance of being approved.

I’ve decided to go and visit the UK for a couple of weeks on a tourist visa to clear out my flat (can not afford to keep paying rent with these rejections) and also see my boyfriend which I think will help given the situation feels even worse when you’re apart.

[Jed95]

Definitely not an ideal situation as neither of us foresaw her being gone for so long already. I begin my Masters in September so our time is running out

[Hopeful42]

Definitely not an ideal situation as neither of us foresaw her being gone for so long already. I begin my Masters in September so our time is running out

Oh are you leaving the UK for your masters?

[Jed95]

No I'll be staying in the UK but moving 4 hours away, it's an intense course as well so my weekends will be spent working. We've both come to realise that September is our cut off date

[UKLL]

She could come back to the UK as a Tier 4 student and study as Postgraduate Diploma in Education / Postgraduate degree and apply to switch from Tier 4 to Tier 2 when she finished the Course?

[Jed95]

We did consider that but it'd cost her an absolute fortune to do so, I believe University fees for international students are around £14,000 a year, and that doesn't include the cost of living.

[Jed95]

Sad to say this event has broken our relationship apart. Uncertainty about whether or not she'll be able to make it back in time and how long we've already been apart was a big obstacle to overcome.

I'm absolutely gutted that this decision was out of our control.

[Hopeful42]

Sad to say this event has broken our relationship apart. Uncertainty about whether or not she'll be able to make it back in time and how long we've already been apart was a big obstacle to overcome.

I'm absolutely gutted that this decision was out of our control.

Sorry to hear about your relationship.

I’d encourage you to contact your local MP and express your annoyance with the system (unlike most people here, living in the UK you have one of these). There are hundreds and hundreds of people in the same position as your girlfriend but no changes will ever happen unless the government are aware of it.