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Posted: Fri Apr 22, 2016 10:01 am
by Petter
What happens when you are on a Tier 5 Youth Mobility VISA and it is running out (expiration in 5 months)?

As someone who has set-up a limited company in the UK - and as the director, is there any way I can stay here longer? i.e. Indef. Leave to Remain?

I'm Australian and been here 1.5 year now - loving it!


Posted: Fri Apr 22, 2016 10:03 am
by admin
No, you do not qualify for Indefinite leave to remain and Tier 5 YMS does not lead to ILR anyway, unless included in 10 year long residence application for ILR.

You cannot switch to any work route visa within the UK.

The only visa you could possibly switch to within the UK is FLR(M) if you have a British spouse/partner or a partner who has ILR.

Do you have British born grandparents by any chance?

If your visa expires, you will need to leave the UK.


Posted: Fri Apr 22, 2016 10:07 am
by Petter
Thanks for the reply.

You seem knowledgeable - are you a lawyer?

No, I'm not partnered with a UK national, here's the relationship info:

My partner is mexican.

He came to the UK to be with his wife (she is an EU national with UK business).

They lived in the UK for 1 month, then separated. They were married (at that point) for 3.5years.

After separating, they pursued lawyers and a divorce. They signed divorce papers in 2015.

In the interim, the Home Office gave him the right to remain in UK - but not work.

Fast forward to now: he's lived in the UK for 2 years.

His immigration lawyer (separate to divorce lawyer), took on his immigration case.

His lawyer is confident that he will get the right to remain in the UK. Apparently, having lived here for 2 years is good, even without divorce being processed/finalised.

Biometrics were requested and sent with latest Home Office application - he awaits reply.

From my understanding, if he gets some kind of Visa to live and work here, that's good. If his divorce comes through - that's even better.

I believe I could apply for a Spousal Visa if the above-mentioned occurs.

As of today, we have lived together for 1.6 years, in 5 months (my Visa expiry) it will be just under 2 years.

What are your thoughts?