Youth Mobility visa (Tier 5) to Tier 2 (General) visa

[mdoherty]

Hey everyone,
I'm sorry in advance if this question was already asked, but I feel like my situation is unique enough that I'm hoping it hasn't been.

Currently I have a Youth Mobility visa that is valid until June 1st, 2013. I moved to Scotland in 2011, but only lived and worked there for four months (June 2011 to September 2011). It's sad because technically I've hardly used my visa Anyway, from Sept 2011 onwards, I moved back to Canada (home country) where I have worked up until now. I plan to travel to the UK again and work starting March 2013.

However, because my Youth Mobility visa expires this summer, I wish to apply for a Tier 2 (General) visa while this Youth Mobility visa is still valid. I have been told by Named OISC advisors that as long as my Youth Mobility visa is valid, I won't have to leave the UK when applying for a Tier 2 visa.

But I am worried that I will be denied because I've looked at the "shortage occupation list" and I don't fall under this list, however what I do for a living did require schooling (I'm in the post production field for broadcast television). What is the likelihood of me being denied, even if I have enough points? Could I be denied if my occupation does not fall under the shortage list?

Any advice or previous experience from anyone is greatly appreciated. Again, sorry if this has been asked before!

[Lucapooka]

You can't switch from YMS to Tier 2 inside the UK. Whoever told you that is was permitted is plain wrong.

[vinny]

Yes. 245HD(b)(i)(13} seems to permit Tier 5 holders to switch to Tier 2. However, 245HD(e) limits the Tier 5 category to Creative and Sporting sub-category.

[mdoherty]

So basically what you're saying is for anyone who wishes to continue working in the UK once their YMS visa expires MUST leave to their home country in order to apply for Tier 2 (General) visa? Or you're saying I can't make a "switch" at ALL once this YMS visa expires (that's it)? Not sure what the verdict is here, as it seems to be mixed messages from various sources, but thank you for your replies in the meantime.

[vinny]

Switching refers to changing status while in the UK. You may apply for entry clearance from outside the UK.

[Lucapooka]

Your particular type of Tier 5 (being YMS) does not allow you to make applications for Tier 2 from inside the UK. That's the message you should take away from this discussion.

[mdoherty]

Thank you!

I guess my next questions falls under the Tier 2 category. However, like I stated above initially, what is the likelihood of me being denied if I apply for a Tier 2 (General) visa even when my current occupation is not listed in the occupation shortage list?

Thanks for your help!