# Tier 5 YMS to dependant (unmarried partner) of Tier 2 Working Visa



## marimo (Jun 16, 2011)

Hi there

Please please could someone help? I have been doing lots of research over the last few days but cant seem to find any answer to my questions...

I am from New Zealand, and have been living in the UK for a year under the Tier 5 YMS visa. I have moved here for my unmarried partner who is just finishing off his studies as an international student (Tier 4). He has just been offered a job in London, so we have decided to stay in the UK.

He will be converting his visa from Tier 4 to Tier 2 (General). 

I am dying to know:

1) When my Tier 5 YMS visa expires next year, is it possible to convert it to an unmarried dependant visa under my partner's Tier 2 working visa? He is from New Zealand and is not a British Citizen. As a skilled worker, would he be considered as "a person that has settled in the UK"? I am confused because it says under the Tier YMS policy guideline that YMS visa holders cannot convert to any other Point Base System routes/status, and extension of stay is not permitted. So I am really worried. (We will satisfy the 2 yrs cohabitating requirement when my YMS visa expires)

2)When should I apply for this new visa? 3 months/6 months before my YMS expire? Or can I apply now? Does it matter that at the time when I apply, we would be slightly short from 2 years of cohabiting? is it that as long as we have been living for two years when the new visa comes into force, I would be fine?

3) Can I apply for this in the UK? or Do I have to return to NZ?

4) Is this the right form to use? Is the one titled the following the right one?

"Applicaiton for an extension of stay as a dependant of a person who has leave to remain under the points based system"


4) Do I need to submit my application as a dependant at the same time as when my partner apply for his working visa? If I dont, would it make it alot harder to get this visa? We have been living together for 2 years, but we dont have much evidence to proof our first year together while back in NZ, so could consider applying a year later when my YMS expires, but I dont want to reduce my chance of success.

5) My partner has also got UK Ancestry. If he apply to work in the UK under the UK Ancestry category, would that make it easier for me to apply as an unmarried dependant under that?

I would be most grateful if anyone out there could help!

Cheers


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## Joppa (Sep 7, 2009)

marimo said:


> Hi there
> 
> Please please could someone help? I have been doing lots of research over the last few days but cant seem to find any answer to my questions...
> 
> ...


It's a complicated situation. You may be able to apply for a dependant visa but will have to return to NZ first. You may qualify on the basis of two-year cohabitation, but you can't apply for settlement as your partner isn't a settled person - he is still subject to immigration control. It seems easier to apply as partner of an ancestry visa holder. To do that, your partner has to return to NZ and apply for his ancestry visa - he cannot switch to ancestry within UK. And you can be included in his application as his unmarried partner. You should be back in NZ together when he applies. You have no recourse to public funds, so you will have to show there are enough funds in savings or income (they can be shared with your partner). Ancestry visa is a lot easier to obtain than Tier 2 General, as no sponsorship is required and it is valid 5 years. You can stay as long as your relationship lasts. It will probably be easier if you get married.


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## marimo (Jun 16, 2011)

Thanks for your reply Joppa! some furher questions...

O no!! So i guess that means I have to fly back to New Zealand whichever way I apply through? But how about this form I found on their website? On the face, it looks as if it would help me? "Applicaiton for an extension of stay as a dependant of a person who has leave to remain under the points based system"


Alternatively, how about when my YMS expires, if I travel to say France, and then come back to UK under a visitor visa, can I then apply in the UK as a Tier 2 dependant?

If nothing works...problem is... he will need to get his Work Permit/ Ancestry Visa next month, but we would not have been together for two years by then... So would it work if I fly back to NZ a year later and apply for dependant permit a year later?

We have both got Hong Kong residency, can I apply in the Hong Kong UK office because it is cheaper to fly to Hong Kong than to New Zealand....


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## Joppa (Sep 7, 2009)

marimo said:


> Thanks for your reply Joppa! some furher questions...
> 
> O no!! So i guess that means I have to fly back to New Zealand whichever way I apply through? But how about this form I found on their website? On the face, it looks as if it would help me? "Applicaiton for an extension of stay as a dependant of a person who has leave to remain under the points based system"
> 
> ...


YMS visa holder: 
"_You cannot extend or switch into leave in *any other category*. There are penalties for those who do not observe all conditions of their leave to enter or who remain in the UK beyond the time limited by their leave._"
Points-based system Tier 5 (Youth Mobility Scheme) - visa application guide

A visitor cannot switch to any other category in UK. They have to return home first and apply for appropriate entry clearance.

What you should do is to stay on your YMS until expiry, return to NZ and apply to return as unmarried partner of an ancestry visa holder. This way you aren't breaking any rules and building up your two-year cohabitation.

Or you can marry him and then you can be included in his ancestry visa application.
To apply in HK, you must actually be living there, otherwise the British consulate will refuse to accept it.


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## marimo (Jun 16, 2011)

Thank sooo much for your help...

What is an entry clearance? I have always thought that it meant just a visa...

How long does it normally take to apply for Tier 2/Ancestry dependant visas?

How long do I need to be in Hong Kong for to be considered "living there" for British Consulate to accept my application?

Thank you once again....


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## Joppa (Sep 7, 2009)

marimo said:


> Thank sooo much for your help...
> 
> What is an entry clearance? I have always thought that it meant just a visa...
> 
> ...


Entry clearance is another name for visa.
At Wellington Consulate, the vast majority of non-settlement visa was issued within a week (April 2011).
Usually you need to be living for at least 6 months.


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