Switch from Working Holiday Maker to Tier 1

[jahbones]

I have applied for a working holiday maker visa however I have a few questions:
1) When the 12 months are up what is the possibility of switching to Tier 1 (General) application and remaining in the UK?

2) Generally how long are the processing times for the Tier 1 (General) applications?

Thanks

[geriatrix]

When the 12 months are up what is the possibility of switching to Tier 1 (General) application and remaining in the UK?

If you are in UK on WHV, you cannot switch to Tier 1 from within UK and you must apply from outside UK (your home country).

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 The Highly Skilled Migrant Programme has been replaced by Tier 1 (General) of the points-based system.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.

2) Generally how long are the processing times for the Tier 1 (General) applications?

Only the local BHC in the country where you apply from will be able to advise on Tier 1 proceesing timelines.

regards

[need_a_tier1]

If have a related query. If I spend 12 consecutive months in the UK on a working holiday visa and then go back to my home country (India), can I directly apply for the Tier1 from there.

This way I can claim tier-1 points for my UK earnings and UK experience which would otherwise not be possible.

It looks easy to me, but where's the catch?

[geriatrix]

If I spend 12 consecutive months in the UK on a working holiday visa and then go back to my home country (India), can I directly apply for the Tier1 from there.

As advised above, you can.

where's the catch?

There's no catch, just that you cannot apply from within the UK.

regards

[need_a_tier1]

The working holiday visa Guidance says that:

You can work for up to 12 months of your holiday, but the holiday should be the main reason for your stay, not the work.

So, if I go straight back to India after finishing first 12 months in regular employment in the UK (on the working holiday visa) and apply for Tier-1 within week of arrival in India, Can there be any probelm in approving the Tier-1 then?

Can they not question that if the holiday was the main reason for your stay, why are you trying to switch to Tier-1 just after first 12 months on the WH visa?

[need_a_tier1]

One more thing which I just noticed. The UKBA WH Visa eligibility page says that

To qualify to enter the United Kingdom as a working holidaymaker you must:

* plan to leave the United Kingdom at the end of your working holiday.

So, applying for the Tier-1 just after first 12 months on the WH visa can be seen as complete deviation to the above eligibility conditions.

[geriatrix]

The working holiday visa Guidance says that:

You can work for up to 12 months of your holiday, but the holiday should be the main reason for your stay, not the work.

So, if I go straight back to India after finishing first 12 months in regular employment in the UK (on the working holiday visa) and apply for Tier-1 within week of arrival in India, Can there be any probelm in approving the Tier-1 then?

Can they not question that if the holiday was the main reason for your stay, why are you trying to switch to Tier-1 just after first 12 months on the WH visa?

The question earlier was whether or not you can apply for Tier 1 from India - and the answer remains the same as before - yes!
Now the question seems to be whether or not you are eligible to apply / qualify for Tier 1 - and the answer to that can only come from you (based on personal circumstances)!

e.g. - A 32 yr. old bachelor degree holder needs to earn at least 40K to qualify for Tier 1 but a 27 yr. old PhD holder (rare, but geniuses do exist) will only require to earn 16K to reach the same goal! Less money needed = less time needed for work and earn = more time to holiday on WHV!

If you need to work for 12 months on WHV to be able to qualify for Tier 1 later, and if this is something that the law doesn't allow you to do, then you are in breach of the *WHV immigration laws*. The Tier 1 scheme or the underpinning Tier 1 immigration laws do not impose any restritions on your working hours in UK as a WHV holder.

regards

[geriatrix]

One more thing which I just noticed. The UKBA WH Visa eligibility page says that

To qualify to enter the United Kingdom as a working holidaymaker you must:

* plan to leave the United Kingdom at the end of your working holiday.

So, applying for the Tier-1 just after first 12 months on the WH visa can be seen as complete deviation to the above eligibility conditions.

When you return to home country within or at the end of the 12 month period, are you not doing exactly what the immigration laws state that one must do at the end of their leave as WHV holder??

So where is the (perceived) deviation, and to what conditions??

regards

[need_a_tier1]

Thanks very much for the clarification,

However I still have the confusion, as the WH Visa eligibility page says that

To qualify to enter the United Kingdom as a working holidaymaker you must:
* plan to leave the United Kingdom at the end of your working holiday.

So, applying for the Tier-1 from India will directly imply that I do not want to leave the UK and am interested in switching my immigration category. However, this is not what I initially agreed to.

[Uku]

And you've done that, which is shown by the fact you would be applying from India. The rules don't state you can't apply to move back under another scheme