Since the introduction of the Point Based System (PBS) visas, overseas workers often overlook the possibility of exploring alternative visa routes to enter the UK as a Non-EEA worker. Overseas Applicants often assume the only route to enter the UK as a worker is to make an application under the Tier 2 (General) visa. However, in reality, this is not the only route available to enter the UK as a worker. Applicants can also apply using alternative visas such as the Van Der Elst visa or Tier 5 Youth Mobility visa if the eligibility requirements are met.
Van der Elst and Tier 5 Youth Mobility Scheme visa applications can be made by LEXVISA Immigration Solicitors in London
Apply to UKVI for a UK Van der Elst Visa:
An established and prominent judgment handed down by the European Court of Justice in Raymond Vander Elst v Office des Migrations Internationales (case C-43/93) has led to the introduction of the Van der Elst visa which is considered as an alternative visa route to enter the UK as a worker. It was held that non-EEA employee’s working for an EU employer may be able to come to provide a service in the UK or any other member state without having to obtain a work permit. To submit a successful application to the Home Office, the following requirements must be satisfied:
- You must be a lawful resident, in the EU member state where your employer’s organisation is established;
- Your EU employer must be temporarily providing a service in the UK;
- You must be an official employee on a full-time basis, if your visa is granted you will not be permitted to engage in any other form of employment; and
- Your visa will only be valid for the period where your employer is providing a service in the UK. You should note that your visa will be granted for a maximum of 90 days.
The benefits of this particular visa are that any individual within the company may apply, it is not necessary for an employee, to hold a senior position or have a particular skillset. Unlike the Tier 2 visa, there is no minimum salary threshold required. Essentially all you would need to demonstrate is that you are employed by an employer who is established in the EU and is looking to provide a service in the UK for a specific period of time. This particular visa does not entail an application fee.
Apply for a UK Tier 5 Youth Mobility Scheme (YMS) Visa
Another alternative to the Tier 2 (General) visa is the Tier 5 (Youth Mobility Scheme) visa. The Tier 5 YMS visa is specifically designed for 18 to 30-year-olds who are planning to come to the UK. If your visa is granted by the UKVI, you will be given Entry Clearance for two years and this will allow you to freely work and live in the UK until your leave expires. To apply for a Tier 5 YMS visa you must be from one of the following countries: Australia, Canada, Japan, Monaco, New Zealand, Hong Kong, Republic of Korea or Taiwan. The following people can also apply for a Tier 5 YMS visa, British Overseas Citizens, British Overseas Territories Citizens or Overseas British Nationals. You will need to demonstrate a minimum cash savings threshold of £1890, as you will not have access to public funds. The Tier 5 YMS requirements are not as stringent as other work visas. However, you may not be eligible to submit a Tier 5 YMS visa application to the Home Office if you have children who are currently residing with you and financially dependent on you.
Successful UK Van der Elst and Tier 5 Youth Mobility Visa Applications
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 immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.