# Changing from Tier 5 youth mobility to Tier 2 (General) work sponsorship Visa - UK



## allye (Nov 1, 2015)

Hello, my husband and I are from Australia currently 1 year into our 2 year youth mobility visa living in the UK and his work has agreed to sponsor him for the the Tier 2 VISA. We have heard that as of the next financial year that the Tier 2 dependent won’t be able to work so would like to get the Tier 2 Visa and dependent Visa ASAP. Here are my questions:


1. Is it true that they are brining in policy that the dependent won’t be able to work as of April next year?

2. Is it only the partner applying for the Tier 2 work sponsorship visa that has to apply within their home country? Can I apply for the Tier 2 depended whilst remaining in the UK? Under the PBS Dependant - Partner?

3. If the sponsor is fully approved (‘A-rated) and they have stated on the certificate of sponsorship that you won’t claim benefits during your stay - does this carry over for the dependent as well? Or does the depenedent still need proof of £630 in their bank account for 3 months? 
4. How does the sponsor prove that the worker is better than others applying for the job? Is there anything we can do to help with this?

5. Do we have to still pay the application fee even if our applications gets rejected? Or would we get a refund?


6. If we apply for the Tier 2 and get rejected can we still remain on our tier 5 youth mobility for the remaining year?

Any advice would be greatly appreciated! Thank you in advance for your help!


----------



## Joppa (Sep 7, 2009)

#1 Nothing has been decided yet. The government has asked MAC (Migration Advisory Committee) to bring forward a proposal to restrict automatic working right to Tier 2 dependants, expected by the middle of December.
#2 I think so.
#3 As you are likely to be applying separately from your husband, you must show evidence of meeting the maintenance requirement.
#4 If someone else applies who doesn't need a visa sponsorship (called resident worker), they only need to meet the basic requirement such as qualification and skills. Even if your husband has additional skills and experience, the job must still be offered to the resident worker. Sponsor can be penalised if they skew the job specifications in such a way that only your husband will qualify (i.e. tailor-made for him).
#5 Yes, and you won't get any of it back if they reject your application.
#6 Yes.


----------



## allye (Nov 1, 2015)

Hi Joppa, thanks for your quick reply! If we don't get our application money back then do you think it's best for my husband to apply first and then only once we know that he's been accepted for me to apply for the dependency? 

Also if anyone has a confirmation of wether I need to apply in my home country or not? It seems to be for dependents switching visas but I'm not sure if changing from a tier 5 yms to a tier 2 dependent is considered 'switching' or a new application.

Thanks for your help!


----------



## Joppa (Sep 7, 2009)

Yes, you can do that.
You can apply in UK, as since October 2013 revision you can switch out of most visas, other than visitor's to a dependant one.


----------

