In our recent post, it has been confirmed that the new Skilled Worker visa will be open to applicants from tomorrow, 1 December 2020 at 9:00am. This new route will replace the existing Tier 2 routes for skilled workers. Along with the main changes in the requirements for the new Skilled Worker visa such as the inclusion of EU nationals and tradable points, the new route will also allow switching from visa categories which were previously not eligible, namely the Tier 5 Youth Mobility Scheme. This is welcome news to many migrants currently in the UK on the YMS who are looking to continue working in the UK past the expiry of their 2-year visa without having to return to their home country and apply entry clearance will be able to do so. Our Immigration solicitors in London are happy to arrange a consultation to discuss the new Skilled Worker routes and the requirements for switching from the Tier 5 Youth Mobility Scheme within the UK.
What is a Tier 5 Youth Mobility Visa?
The Tier 5 Youth Mobility Scheme replaced the ‘Working Holidaymaker’ visa and is available to nationals of countries listed under Appendix G of the Immigration Rules who are aged between 18 and 31 on the date that the application is submitted. Applicants must also not have any dependent children. The purpose of this route is for applicants to be able to experience life in the UK for up to 2 years. Applicants are therefore allowed to work and study in the UK during this time without being sponsored by their employer or education provider; unlike the current Tier 2 and student visa routes. YMS applicants must also demonstrate that they have £1,890 in savings in order to meet the maintenance requirement.
Can I switch from the Tier 5 Youth Mobility Scheme to the new Skilled Worker route?
Yes, under the new Skilled Worker routes, it will be possible for Tier 5 YMS migrants to switch from within the UK. Tier 5 YMS migrants will need to meet all of the requirements for the new Skilled Worker routes but they will be able to remain in the UK to apply. These requirements will include:
- Having a valid Certificate of Sponsorship (“CoS”) from a licenced sponsor;
- The job offer must be a genuine vacancy;
- The job must be at the appropriate skill level and salary;
- The applicant must have the required level of English language proficiency; and
- The maintenance requirement must be satisfied either by the applicant or the employer on the CoS.
Can I change from Tier 5 to Tier 2?
Under the current Immigration system, it is not possible for a Tier 5 Youth Mobility Scheme migrant to switch into the Tier 2 visa category from within the UK. The current rules for applying for a Tier 2 visa from within the UK only allow migrants with valid leave in the following categories to apply:
- Tier 1;
- Tier 2;
- Representative of an Overseas Business;
- Tier 5 (Temporary Worker);
- Partner of a Student migrant;
- Start-up visa;
- Innovator visa; and
- Global Talent visa.
This caused a lot of frustration for Tier 5 YMS migrants who wanted to continue their employment in the UK beyond the expiry of their Tier 5 YMS visa as in order to do so they would have had to leave the UK and apply entry clearance under the Tier 2 route in order to return.
Using our Immigration Solicitors in London switch from the Tier 5 Youth Mobility Visa to the Skilled Worker route
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with switching from Tier 5 YMS to a Skilled Worker visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully switch from Tier 5 Youth Mobility Scheme to Skilled Worker visa from 1 December 2020 with our immigration solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Skilled Worker visa application and ensure that you meet all the requirements under the Immigration Rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss switching from Tier 5 YMS to the Skilled Worker route. Contact our London immigration solicitors on 02071830570 or complete our contact form.