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Youth mobility to skilled worker and dependents

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tno
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Posts: 19
Joined: Fri Oct 20, 2017 2:51 pm
United Kingdom

Youth mobility to skilled worker and dependents

Post by tno » Tue Jul 26, 2022 12:10 pm

Hi,

I'm asking this for a friend of mine, who is married with a wife and child. She works and supports herself and child.

He wants to come to the UK using the youth mobility visa from Australia. It states you can't bring dependents, live with or support dependents. Is being married and having a child a barrier to this? Despite him not supporting them?

If he was to come to the UK alone on the youth mobility, once having found sponsorship for a skilled worker visa, could he theoretically bring his family as dependents?

Or would that bring up red flags?

Regards

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Youth mobility to skilled worker and dependents

Post by manci » Tue Jul 26, 2022 2:08 pm

tno wrote:
Tue Jul 26, 2022 12:10 pm
If he was to come to the UK alone on the youth mobility, once having found sponsorship for a skilled worker visa, could he theoretically bring his family as dependents?
Yes
tno wrote:
Tue Jul 26, 2022 12:10 pm
Or would that bring up red flags?
No
Personal opinion, not professional or legal advice

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm
United Kingdom

Re: Youth mobility to skilled worker and dependents

Post by JB007 » Tue Jul 26, 2022 2:28 pm

tno wrote:
Tue Jul 26, 2022 12:10 pm
I'm asking this for a friend of mine, who is married with a wife and child. She works and supports herself and child.

... Despite him not supporting them?
I'm assuming they are not still together as she is not sponsoring him to the UK on a route that would lead to settlement?

Like the US, the UK also have very stict rules on both parents having to support their child/ren.

If his wife is in the UK, the UK can collect this money from the parent who doesn't pay, even if that parent lives in another country. Australia is a REMO country too. If his wife is in Australia and he is in the UK, the UK will collect the money for Australia.
https://www.gov.uk/government/publicati ... -decisions

tno
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Posts: 19
Joined: Fri Oct 20, 2017 2:51 pm
United Kingdom

Re: Youth mobility to skilled worker and dependents

Post by tno » Tue Jul 26, 2022 5:57 pm

JB007 wrote:
Tue Jul 26, 2022 2:28 pm
tno wrote:
Tue Jul 26, 2022 12:10 pm
I'm asking this for a friend of mine, who is married with a wife and child. She works and supports herself and child.

... Despite him not supporting them?
I'm assuming they are not still together as she is not sponsoring him to the UK on a route that would lead to settlement?

Like the US, the UK also have very stict rules on both parents having to support their child/ren.

If his wife is in the UK, the UK can collect this money from the parent who doesn't pay, even if that parent lives in another country. Australia is a REMO country too. If his wife is in Australia and he is in the UK, the UK will collect the money for Australia.
https://www.gov.uk/government/publicati ... -decisions
She's in Australia.

They are legally married, not separated. They have a child. But she works and supports herself and child.

It's not a situation about child support, but eligibility for the youth mobility. My understanding is you can have children, but you can't be supporting them or others.

So would he qualify in this scenario for youth mobility?

tno
Newly Registered
Posts: 19
Joined: Fri Oct 20, 2017 2:51 pm
United Kingdom

Re: Youth mobility to skilled worker and dependents

Post by tno » Tue Jul 26, 2022 5:58 pm

manci wrote:
Tue Jul 26, 2022 2:08 pm
tno wrote:
Tue Jul 26, 2022 12:10 pm
If he was to come to the UK alone on the youth mobility, once having found sponsorship for a skilled worker visa, could he theoretically bring his family as dependents?
Yes
tno wrote:
Tue Jul 26, 2022 12:10 pm
Or would that bring up red flags?
No
Have you known someone do this?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Youth mobility to skilled worker and dependents

Post by manci » Tue Jul 26, 2022 7:04 pm

tno wrote:
Tue Jul 26, 2022 5:57 pm
So would he qualify in this scenario for youth mobility?
The relevant eligibility requirements in this scenario is set out in immigration rule YMS 5.3 :

The applicant must not have any children aged under 18 who are either living with them or financially dependent upon them.
Personal opinion, not professional or legal advice

tno
Newly Registered
Posts: 19
Joined: Fri Oct 20, 2017 2:51 pm
United Kingdom

Re: Youth mobility to skilled worker and dependents

Post by tno » Tue Jul 26, 2022 8:11 pm

manci wrote:
Tue Jul 26, 2022 7:04 pm
tno wrote:
Tue Jul 26, 2022 5:57 pm
So would he qualify in this scenario for youth mobility?
The relevant eligibility requirements in this scenario is set out in immigration rule YMS 5.3 :

The applicant must not have any children aged under 18 who are either living with them or financially dependent upon them.
In his scenario no. Which makes him eligible, from my understanding.

Down the line, if he decided to bring his family though, could home office turn around and say actually we don't believe they are your dependents so you can't bring them?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Youth mobility to skilled worker and dependents

Post by manci » Tue Jul 26, 2022 8:37 pm

tno wrote:
Tue Jul 26, 2022 8:11 pm
In his scenario no. Which makes him eligible, from my understanding.
If he meets the eligibility requirement in YMS 5.3 there is no problem but he should have supporting documentary evidence in case the HO ask for it.
tno wrote:
Tue Jul 26, 2022 8:11 pm
Down the line, if he decided to bring his family though, could home office turn around and say actually we don't believe they are your dependents so you can't bring them?
It is not a question of belief, documentary evidence will have to be produced (marriage certificate, birth certificate, etc)
Personal opinion, not professional or legal advice

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