T5 (Youth mobility) to Spousal Visa - issue

[Smr1990]

Hi All,

I am currently on a T5 youth mobility visa until December of this year and in the meanwhile received a job offer.

I will be applying for a spousal visa upon marriage end of this month and was told by a immigration lawyer that as long as I apply before my T5 expiry date I can continue working as under rule 3C this extends my T5 while the spousal application is pending.

My question is whether this is indeed the visa and whether I can do this and stay inside the country?

The second alternative is Tier 2 general visa which they tell me I have to leave the country and apply from home country for - is this true now with Covid? Doesn’t seem to be based on government guidance.

Any help and guidance are highly appreciated as this confusion is causing delays in my joining my employer

[CR001]

Assuming your partner is British, you don't state if this is so?

My question is whether this is indeed the visa and whether I can do this and stay inside the country?

Yes, assuming your partner is British or holds ilr. Yes you can switch within the UK to a spouse visa.

The second alternative is Tier 2 general visa which they tell me I have to leave the country and apply from home country for - is this true now with Covid? Doesn’t seem to be based on government guidance.

Likely it is correct yes. The concession to apply within the UK is less relevant now than it was before end of August. Why though would you want to go for the very restrictive tier 2 visa if you can go for a spouse visa if you meet the requirements?

[Smr1990]

Thank you for your reply. The firm hiring me wants to do T2 as they don’t believe I can work on a T5 last expiry while my spousal application is pending which I believe is wrong and which is why I want to correct the thinking and go for a spousal visa.

How long are current wait times from date of application and yes my partner is british, apologies to miss this

[CR001]

Thank you for your reply. The firm hiring me wants to do T2 as they don’t believe I can work on a T5 last expiry while my spousal application is pending which I believe is wrong and which is why I want to correct the thinking and go for a spousal visa.

Maybe refer them to the official guidance and immigration rules.

https://www.gov.uk/government/publicati ... d-3d-leave

How long are current wait times from date of application and yes my partner is british, apologies to miss this

8 weeks, sometimes longer sometimes quicker.