Tier 5 (Youth Mobility) dependant already living in the UK?

[Lovely8990]

Hello to all,

I am a Canadian living in the UK with a Tier 5 Youth Mobility Visa. I got married 4 months ago and it's been 4 months that I have been living here. My husband lives in the UK. However he came from Pakistan as a student four years ago, his visa expired last year but way before his visa expired he applied for a Tier 1 entrepreneurial visa which was denied. So he filed an appeal and we are still awaiting a response. My questions are:

Can he switch to being my dependant as I have a Youth Mobility Tier 5 visa valid for 2 years?
Does he have to withdraw his appeal and then switch to being my dependant?
I have been searching quite a lot and I really need help. Thank you all!

[vinny]

Yes, he has to withdraw the appeal before he may switch. However, your category does not lead to settlement except under Long residence. So, he may want to proceed with the appeal, if he wishes to settle in the UK. If his appeal is successful, then you may switch to become his dependant.

[Lovely8990]

We do not wish to live here for the long term. Our main goal is for him to have a valid visa so that we can apply for a canadian spousal visa. This way, we can move to Canada. Having a valid visa makes the processing time really short.

Thanks for the reply

[Lovely8990]

Can anyone tell me how long does it take to get a dependant visa? What's the processing time?

[Frontier Mole]

Given the normal circumstances about 12 weeks in country as a ball park figure.
I think you will struggle to get him a dependent visa on the basis of his current immigration history and the fact that tier 5 YMS applications are expected to be made out of country.
It is not impossible but it is unlikely.

[wf]

It seems to have been overlooked that you cannot bring dependants on Tier 5 YMS so you are not going to get anywhere with this.

[vinny]

It seems to have been overlooked that you cannot bring dependants on Tier 5 YMS so you are not going to get anywhere with this.

Where does it say this?

[wf]

https://www.gov.uk/tier-5-youth-mobility/overview

You can’t:

bring in family members on your application - they must apply separately

[vinny]

The spouse will be applying separately.

[wf]

I take that as being they must apply separately for their own T5 YMS, which is not possible for a Pakistani national.

Furthermore:

319AA. In paragraphs 319A to 319K and Appendix E, 'Relevant Points Based System Migrant' means a migrant granted to leave as a Tier 1 Migrant, a Tier Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant.

Note the only T5 category included is Temporary Worker.

[vinny]

Well spotted!

You are right. 319C is therefore not applicable. There appears to be no provisions for the spouse of a Tier 5 (Youth Mobility) Migrant, unless qualifying on his/her own independently.