TIER 5 Youth Mobility

TIER 5 Youth Mobility

Tier 5 of the new points based system will come into force on 27 November 2008. Tier 5 will enable young nationals to experience life and culture in the UK and also permit workers to undertake short term or temporary employment in the UK.

The new Tier 5 will also be replacing the following existing immigration categories on 27 November 2008:

  • Au pairs
  • Domestic workers in Diplomatic Households
  • Gap year
  • China Graduate Work Experience
  • General Agreement on Trade in services (GATS)
  • Japan: Youth Exchange Scheme
  • MP’s Research Assistants
  • Ministers of religion, missionaries and members of religious orders
  • Overseas government employees
  • Sportspeople
  • Training and Work Experience Scheme
  • Voluntary workers
  • Working holidaymakers

Tier 5 consists of two main categories under the points based system; the Youth Mobility Scheme (YMS) and the Tier 5 (Temporary Workers) which is made up of five sub-categories, as follows:

  • Tier 5 (Youth Mobility)
  • Tier 5 (Temporary Workers)
    • Temporary workers – creative and sporting
    • Temporary workers – charity workers
    • Temporary workers – religious workers
    • Temporary workers – government authorised exchange
    • Temporary workers – international agreement

 Tier 5 (Youth Mobility)

A. About the scheme

Applicants will only be able to apply for the Tier 5 (Youth Mobility) scheme once in a lifetime. Nationals who have previously spent time in the UK as a working holidaymaker will not be eligible for this scheme.

It should be noted that each country listed in Tier 5 (Youth Mobility) will have an annual allocation of places under this scheme. If a country exceeds its allocation ‘quota’, no further applications will be accepted from anymore of their nationals.

B. Requirements

Applicants intending to apply under this scheme will need to satisfy the following criteria:

  • Be aged between 18-30
  • Have no dependants
  • Be sponsored by their national government if from a participating country
  • Demonstrate the availability of at least £1,600 in funds
  • Be required to obtain entry clearance

It is important to note that individuals will not be eligible for the YMS if they have children under 18 years of age who are living with them or for whom they financially support/maintain.

Applicants will need to score a total of 50 points for the above criteria which is detailed in the next section.

C. Points Assessment

Applicants will need to satisfy a points test and maintenance requirement under this scheme. A total score of 50 points is required in order for applicants to successfully submit an application for the Tier 5 (Youth Mobility) scheme.

Points are awarded under the following heads:

(i.) National of a country participating in the Youth Mobility Scheme – 30 points

To score points under this section, applicants will need to be a citizen of Australia, Canada, Japan, New Zealand; or a British Overseas Citizen, British Overseas Territories Citizen or a British National (Overseas)

(ii) Age – 10 points

To score points under this section, applicants will need to be between 18 years of age and 30 years of age

(iii) Maintenance (Funds) – 10 points

To score points under this section, applicants will need to prove that that they have sufficient funding to support themselves in the UK. The requirement is to show £1,600 in their own personal bank account.

D. Visa Validity and Extension

Applicants successful under the Tier 5 (YMS) will be granted Entry Clearance valid for 2 years

YMS migrants are therefore able to stay in the UK for the full period of the 2 years.

Please note that applicants on the YMS are not entitled to extend their stay on this visa OR switch into any other provision under the points based system or switch visa status.

E. Applying for Entry Clearance

Applicants are able to apply for Entry Clearance under the YMS from the following places:

  • applicant’s home country; or
  • the country where the applicants is residing provided the entry clearance post is authorised to accept YMS applications and the applicant has been residing in the country for more than 6 months

Please note that applicants for the YMS can only apply from outside of the UK. Applications from within the UK will not be accepted.

F. What work is allowed under the YMS?

YMS migrants have the freedom to access the job market during their stay in the UK, except employment as a professional sportsperson or a doctor in training. Migrants are also permitted some self employed activities however these are subject to conditions.

It is advised to seek advice on what types of employment/self –employment are permitted as any work or business activity which does not fall in line with the terms of the YMS will breach conditions of leave under this scheme.

YMS migrants are also entitled to study in the UK if this is privately funded and/or engage in voluntary work and au pair placements in the UK.

G. Transitional Arrangements for those who have already applied under the schemes to be replaced by YMS

Applicants who have already obtained a valid entry clearance for the immigration schemes due to be abolished will be able to enter and re-enter the UK as per the conditions on their visa.

Applicants who have been granted six months or less leave in any of the abolished categories will be able to enter the UK on those visas. If however they leave the UK before the expiry date on their visa, they will not be entitled to re-enter as that visa will have lapsed.

Any applicant who makes an application under any of the abolished categories on or after 27 November 2008 will be rejected.

H. Administrative Review

Applicants who have their applications refused under the points based system are entitled to have the decision reviewed free of charge.

Individuals who wish to exercise their right for an Administrative Review will have to make this request within 28 days of the date of receipt of the refusal notice. The applicant is not entitled to send any additional documents or fresh evidence with the review request. Finally, applicants will only be entitled to request ONE review request per refusal decision.

I. What services we can offer?

  • We can advise on the procedure of making the Tier 5 (YMS) application.
  • We can assess the applicant’s circumstances and advise on the likelihood of a valid application
  • We can advise the applicants on the evidence required for the entry clearance application
  • We can make a request for an administrative review should the application be unsuccessful

Whatever the case, we are here to help, assist, advise and represent our clients.

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