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Working holiday maker - Extending stay

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deliteful
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Working holiday maker - Extending stay

Post by deliteful » Fri Jun 06, 2008 6:52 pm

Hi,

I'm an Australian on a UK Working Holiday visa. I'm currently looking at options to extend my stay here.

Are there any loopholes to switching my visa from a Working Holiday to a Tier 1 visa? It specifically states you can't apply for Tier 1 as a working holiday maker, but is there no way around this?

My current employer doesn't seem open to giving me a work permit. What are my other options for staying here?

Thanks!

vinny
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Post by vinny » Fri Jun 06, 2008 11:34 pm

Extending.
Alternatively, there are also Rules based on relationships that may be applicable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

republique
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Re: Working holiday maker - Extending stay

Post by republique » Sat Jun 07, 2008 12:41 pm

deliteful wrote:Hi,

I'm an Australian on a UK Working Holiday visa. I'm currently looking at options to extend my stay here.

Are there any loopholes to switching my visa from a Working Holiday to a Tier 1 visa? It specifically states you can't apply for Tier 1 as a working holiday maker, but is there no way around this?

My current employer doesn't seem open to giving me a work permit. What are my other options for staying here?

Thanks!
Thats a shame that your employer won't help you out.
It was big news that swiching from WHV to Tier 1 country in country would no longer be allowed. You will have to leave the country to do so. However most people can apply with an out of country applicaition and still remain in the country until the decision is made and then you will have to fly home and pickup the visa in your home country\
I hope that helps.

republique
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Post by republique » Sat Jun 07, 2008 2:40 pm

Further see the following
Extending

This page explains the restrictions on extending your working holidaymaker visa and how you may be able to extend your stay in the United Kingdom under other categories.

The working holidaymaker visa is a short-term immigration category. If you come to the United Kingdom on a working holidaymaker visa, you will be allowed to stay for a maximum of two years. When your visa expires, you will be expected to return to your home country. You will not be allowed to extend your visa as a working holidaymaker.

However, once you have been in the United Kingdom for 12 months on a working holidaymaker visa, you may be able to stay longer by switching to a different category.

You may be able to stay here by switching to work permit employment, but only if the occupation involved is on our list of shortage occupations. The employer will need to apply for a work permit for you. See Work permits for more information. If the occupation is not on our list of shortage occupations, you will not be able to switch to work permit employment while you are still in the United Kingdom. This will apply until work permits are replaced later this year by Tier 2 of our points-based system for managing applications to work, train or study in the United Kingdom.

You may also be able to stay by switching to a visa for innovators if you meet the requirements.

We have now closed the Highly Skilled Migrant Programme to applications from people who are already in the United Kingdom, so it is no longer possible to stay in this country by switching into this category. The Highly Skilled Migrant Programme has been replaced by Tier 1 (General) of the points-based system. It is not possible to switch into this category if you are here as a working holidaymaker.

Applications for permission to come to the United Kingdom, or to extend a stay here, are normally decided according to the immigration rules in place at the time we make our decision on the application. You should bear in mind that the rules may change and many of our rules about working in the United Kingdom will change as new tiers of the points-based system are introduced this year.
See also

* Work permits

Contact

* Immigration enquiry bureau

0870 606 7766

UK Border Agency Lunar House, 40 Wellesley Road, Croydon, Surrey, CR9 2BY

More contacts


So go to bia and learn about tier2 and innovator. It seems these are the only other possibilities to switch in country

esharknz
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Post by esharknz » Sat Jun 07, 2008 7:04 pm

http://www.workpermit.com/uk/uk-immigra ... orkers.htm also suggests that once tier 5 is up and running (replacing working holiday visas etc) then it won't be possible to change at all while in the country to any other tier. This isn't operational yet, but may not be far off.

I'm not entirely sure whether this would affect current working holiday visa holders (but it hasn't stopped them from now excluding tier 1 applications when on a working holiday visa - I knew someone who applied and got a HSMP while on a working holiday last year) or what the actual practice would be when this becomes operational.

deliteful
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Re: Working holiday maker - Extending stay

Post by deliteful » Sun Jun 08, 2008 1:22 pm

republique wrote: You will have to leave the country to do so. However most people can apply with an out of country applicaition and still remain in the country until the decision is made and then you will have to fly home and pickup the visa in your home country\
I hope that helps.
Thanks for this advice. It's not ideal, but I'd do it. How does it work? I thought Tier 1 was only for "extending your stay", and since I can't extend my stay from a WHV, would I not still be in the same predicament?

Or...is it possible to cancel my WHV and reapply for a whole new visa?

Thanks again for the help

republique
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Re: Working holiday maker - Extending stay

Post by republique » Sun Jun 08, 2008 3:50 pm

deliteful wrote:
republique wrote: You will have to leave the country to do so. However most people can apply with an out of country applicaition and still remain in the country until the decision is made and then you will have to fly home and pickup the visa in your home country\
I hope that helps.
Thanks for this advice. It's not ideal, but I'd do it. How does it work? I thought Tier 1 was only for "extending your stay", and since I can't extend my stay from a WHV, would I not still be in the same predicament?

Or...is it possible to cancel my WHV and reapply for a whole new visa?

Thanks again for the help
Its just what I said but you'd be better using the search function to find past experiences

deliteful
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Post by deliteful » Tue Jun 10, 2008 8:50 pm

OK thanks. Problem is, as this is a new restriction (since the introduction of Tier 1) there is nothing about 'past experiences' (at least as far as I could see).

Thanks for your help all the same

republique
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Post by republique » Mon Jun 16, 2008 1:03 am

deliteful wrote:OK thanks. Problem is, as this is a new restriction (since the introduction of Tier 1) there is nothing about 'past experiences' (at least as far as I could see).

Thanks for your help all the same
Thats true but I remember people talking about it so you will have to search it on the forum and or use similar situations as guideline.
Good Luck

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