One of the welcome change to the immigration rule is that the Youth Mobility Scheme (YMS) migrants are able to switch into Skilled Worker route inside the UK.

YMS visa holders can study, get a job, and do small business for a given period of time under the conditions of their stay in the UK. For businesses, the provision of YMS visa holders' labour pool is very attractive and provides a potential window for recruiting migrant workers without sponsorship. 

Before the changes were made, to sponsor YMS migrant to apply skilled worker visa, the sponsor company had to apply for restricted CoS to the Home Office, and the applicants were required to return back to their country of origin to submit application.

 

However, the amended skilled worker route, which has been effected from 1 December 2020, is allowed for YMS visa holders to switch to a skilled worker visa in the UK without having to return to their home country in order to obtain a work visa.

It is a very good news for both the sponsor company and the migrant workers. The sponsor company will no longer need to wait for a long time for their new employees to come back to the UK to perform their duties without any gaps in the staff.

In addition to the YMS visa holder, the following visas are permitted to switch to skilled worker visa inside the UK.

• a Tier 2 Migrant;

• a Representative of an Overseas Business;

• a Tier 5 (Temporary Worker) Migrant;

• the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Student;

• a Start-up migrant;

• an Innovator; and

• a Global Talent migrant.

 

In order to switch from the Tier 5 (Youth Mobility Scheme) to the Skilled Worker Route, applicants will need to meet the following requirements:

• They are aged 18 or over;

• They have a valid Certificate of Sponsorship for the job they are planning to do;

• The job offer is for a genuine vacancy; 

• The Sponsor has paid any required Immigration Skills Charge;

• The job is at the appropriate skill level; and

• The Applicant will be paid a salary which equals or exceeds both a general salary threshold and the ‘going rate’ for the occupation.

Applicants cannot fall for the grounds for refusal, and must meet the English language and maintenance requirements. 

Length of Grant after switching into the Skilled Worker category



Applicants who switch from YMS visa to skilled worker visa can, if successful, stay up until 14 more days after the end of the CoS (up to 5 years after the work start date of the Certificate of Sponsorship). They are also eligible to apply for settlement.

They will need to meet the other requirements for settlement, including knowledge of life in the UK, and the sponsorship, salary, validity and suitability requirements as well as at least five years of stay.