Youth Mobility Scheme and FLR(M)

[crispy]

Hi all,

I'm a British citizen living in the UK. My wife is a Canadian citizen recently arrived here via the TIER 5 Youth Mobility Scheme. We've been married for a year and lived together as common-law spouses in Canada for even longer (I have Permanent Resident status in Canada). My partner came here to explore life overseas very much in the spirit of the youth mobility scheme, but all has gone well and we'd both frankly like to stay.

My question: Is it possible (we meet the financial and all other requirements) for my wife to apply for leave to remain using FLR(M)?

The terms of the youth mobility visa say that extensions and switches will not be granted, but I suspect they weren't thinking of applicants already married to British citizens.

The topic has been discussed at these forums very recently (http://bit.ly/1INuzzV) and elsewhere too (http://bit.ly/1Ig72Ha and http://bit.ly/1Khq0Mu). The general opinion seems to be that we CAN apply for leave to remain, which is great! Unfortunately, I've been given conflicting information from an (admittedly not very attentive and possibly dodgy) immigration lawyer who granted me a free phone call, so I'm looking for some harder confirmation that applying for leave to remain through the FLR(M) is permissible. Does anyone have a definitive and up-to-date take on this?

Thank you very, very much.

[Casa]

You can switch from YMS Tier 5 to spouse from within the UK on form FLR(M). The Immigration Rules simply prohibit the following;
"Switching into any other Points-Based System route or into visitor status is not allowed". Here's a link to point 35:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

In addition to the visa fee your wife will now have to pay the new NHS surcharge before submitting the application. This will be £500 for the initial 2.5 year probationary period in addition to the visa fee.
https://www.gov.uk/healthcare-immigrati ... n/overview

[crispy]

You can switch from YMS Tier 5 to spouse from within the UK on form FLR(M). The Immigration Rules simply prohibit the following;
"Switching into any other Points-Based System route or into visitor status is not allowed". Here's a link to point 35:
https://www.gov.uk/government/uploads/s ... _04-14.pdf

In addition to the visa fee your wife will now have to pay the new NHS surcharge before submitting the application. This will be £500 for the initial 2.5 year probationary period in addition to the visa fee.
https://www.gov.uk/healthcare-immigrati ... n/overview

Thank you VERY much, Casa. Glad someone knows what they're talking about!

[Casa]

Your welcome. This query often comes up and of course the Home Office don't make access to information as easy as they might!

[crispy]

Hello!

I'm hoping/planning to be the UK spousal sponsor for my Canadian wife. We're hoping to move her from a TIER 5 youth mobility visa onto the spousal sponsor track using FLR(M). (previously discussed here: http://www.immigrationboards.com/immigr ... 85774.html)

I do meet the financial requirement, but something troubling me is (vi) on Question 7.3A, which asks:

What type of employment is you/your sponsor’s current employment? (temporary employment / permanent employment)

My employment is always "temporary". I'm a contractor and I move from contract to contract. It's just the way things work in my industry. I'm worried though, that the word "temporary" will concern the agent who reviews our application.

Does anyone have any thoughts/advice on this or know of precedents where people have met the financial requirement as temporary workers?

Once again, thank you very much.