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Discussion Starter · #1 ·
I believe that I most probably have the answer to this question but feel like I have read through so much information on the UK Border Agency site that I am a bit lost!

Firstly, I am 23 and on the Tier 5 youth mobility visa which is due to expire in Feb 2013. I previously worked for an Tour Operator back in Australia (whom are an Australian company) for a few years after completing my Tourism Management degree.

In March 2011 I moved over to London and worked for another travel company for approx 6 months. In August last year I was contacted by the general manager of my previous employer in Australia and advised they would be opening an office in London. As I was already here, I was asked if I would help to lead in opening this office (their first overseas office). I agreed and since then I have opened the office, and continued to work there establishing the business in the UK with a few other staff members.

Now, as my visa is due to expire in Feb next year I have been looking into ways that I can switch into another category on the possible basis that I am a representative of an overseas company. It's a fantastic opportunity for me career wise to be able to work in this office in London so it would be incredible if I could stay another 12months to gain some more experience before going home to work for the office in Melbourne.
They are already an approved sponsor and they have advised me that they would be more than willing to sponsor me given that there is no one else in the UK with knowledge of the business like I have, it will also enable me to employ and train some other staff members to take over the office when I leave.

I see quite clearly it states that you cannot switch into any points based category from a Tier 5 youth mobility visa. But when I view the Tier 2 (General) category it states that you may apply if...'you want to extend your stay and continue working in the same job for the same employer' and you can switch into Tier 2 if you are a representative of an overseas company? Does that apply to me even though I am in Tier 5 and I can obtain supporting documents from my employer that they would not be able to employ someone from the UK with my knowledge?

Or is there another category I can look into such as the Tier 2 Inter-Company transfer (I had the first few months of my stay here working for another company, but by the time I apply I will have had the office open a year and could be classed as short term staff and stay for 12 months?) or the Tier 5 international agreement category?

In reality I know that I probably have no way of extending my stay here without going home and applying in another category, but unfortunately with the new laws, they have now closed Tier 2 (General) for all overseas applicants. But given how much experience this job will give me I had to at least try look into other avenues. Are the agency at all lenient when it comes to switching visa category’s if I explain that I only wish to extend for a short period of time to build the business up and to train and employ more staff?

Any help or advice would be great – as I said getting sponsorship is not a problem at all it’s just hopefully finding a visa that I am eligible for.

Thanks!
 

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I believe that I most probably have the answer to this question but feel like I have read through so much information on the UK Border Agency site that I am a bit lost!

Firstly, I am 23 and on the Tier 5 youth mobility visa which is due to expire in Feb 2013. I previously worked for an Tour Operator back in Australia (whom are an Australian company) for a few years after completing my Tourism Management degree.

In March 2011 I moved over to London and worked for another travel company for approx 6 months. In August last year I was contacted by the general manager of my previous employer in Australia and advised they would be opening an office in London. As I was already here, I was asked if I would help to lead in opening this office (their first overseas office). I agreed and since then I have opened the office, and continued to work there establishing the business in the UK with a few other staff members.

Now, as my visa is due to expire in Feb next year I have been looking into ways that I can switch into another category on the possible basis that I am a representative of an overseas company. It's a fantastic opportunity for me career wise to be able to work in this office in London so it would be incredible if I could stay another 12months to gain some more experience before going home to work for the office in Melbourne.
They are already an approved sponsor and they have advised me that they would be more than willing to sponsor me given that there is no one else in the UK with knowledge of the business like I have, it will also enable me to employ and train some other staff members to take over the office when I leave.

I see quite clearly it states that you cannot switch into any points based category from a Tier 5 youth mobility visa. But when I view the Tier 2 (General) category it states that you may apply if...'you want to extend your stay and continue working in the same job for the same employer' and you can switch into Tier 2 if you are a representative of an overseas company? Does that apply to me even though I am in Tier 5 and I can obtain supporting documents from my employer that they would not be able to employ someone from the UK with my knowledge?
No you cannot. You are still on Tier 5 YMS visa and as stated, no switching to another PBS leave is allowed. You have to return to Australia and apply for Tier 2.

Or is there another category I can look into such as the Tier 2 Inter-Company transfer (I had the first few months of my stay here working for another company, but by the time I apply I will have had the office open a year and could be classed as short term staff and stay for 12 months?) or the Tier 5 international agreement category?
Same situation. You cannot switch so have to apply from Australia.

In reality I know that I probably have no way of extending my stay here without going home and applying in another category, but unfortunately with the new laws, they have now closed Tier 2 (General) for all overseas applicants. But given how much experience this job will give me I had to at least try look into other avenues. Are the agency at all lenient when it comes to switching visa category’s if I explain that I only wish to extend for a short period of time to build the business up and to train and employ more staff?
I don't know what changes you have in mind, but you can still apply for Tier 2 from overseas. There is a cap of 20,700 till April 2013, but last year, the full quota wasn't taken up and less than half the number of visas were issued. UKBA won't let you switch out of YMS, no matter how short your intended period is.
Just go home for a holiday - you probably need one! - and apply for your Tier 2.
Or if you are going to marry a settled person in UK, you can switch to FLR as spouse, which allows you to work.
 

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Discussion Starter · #3 ·
Hi Joppa,

Thanks very much for your reply! I did read an article (or so I thought) on the agency ceasing applications made outside the UK. And when I read further about the increase in fees on the border agency site it came up as NA (the site isn't allowing me to post the links as I am not an active member yet).

Maybe in the pages of information I was reading through I have not looked into that correctly.

I do have a partner here who I was in a relationship with in Australia before moving to London, however he is studying a 4 year law degree that requires him to live in Yorkshire - so we aren't able to live together and so wouldn't qualify for a visa like that. The most I have is going up to see him on weekends.

I was just hoping I wouldn't obviously have to pack my life up here to go home and apply for a visa in the hope they would approve it - and then move my life back to London or visa versa if it's refused. But if it's the only way then I guess a trip back home is the key.

Thanks again Joppa!
 

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Hello,

im in a similar situation, so thought id also ask some advice on the matter.

Im currently in the UK on a tier 5 (youth mobility) visa. The company i have worked for, for the past 12 months is offering to sponsor me to stay long term (under a tier 2 general).

I know that you can not apply for tier 2 visa, whilst in the country on a tier 5. Does this mean, that i would be able to go camp out somewhere on a holiday, say France, whilst my application is being undertaken? Or do i have to go all the way back to Australia?

Also is anyone aware of how long the application process takes?

Thanks for the advice in advance.
 

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Hello,

im in a similar situation, so thought id also ask some advice on the matter.

Im currently in the UK on a tier 5 (youth mobility) visa. The company i have worked for, for the past 12 months is offering to sponsor me to stay long term (under a tier 2 general).

I know that you can not apply for tier 2 visa, whilst in the country on a tier 5. Does this mean, that i would be able to go camp out somewhere on a holiday, say France, whilst my application is being undertaken? Or do i have to go all the way back to Australia?

Also is anyone aware of how long the application process takes?

Thanks for the advice in advance.
In your case, you can only apply in Australia.
Most Tier 2 applications seem to be processed with a week. You must add another week for getting biometrics done and sending and receiving back your documents from Manila.
 
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