5 months short for 10 years continuous stay

[ddmm]

Dear members,

i currently hold a second extension Tier 1 (General) visa which expires on 8th April 2016.
as i no longer earn over £40,000.00 p.a. i am reluctant to apply under the 5 year route.
i first landed in UK on 6th Sept 2006, hence i am 5 months short of 10 years continuous stay route.
even with the 28 days grace period the gap is of 4 months.

given that the processing time for applications is roughly 3 months and that the right to appeal has been removed for most cases, it seems difficult to fill the 4 month gap.

what should i do?

kind regards,
D

[jonbca]

Sorry to hear about your situation.

I assume £40,000 is the minimum you need to get 75 points, and you're not covered by the HSMP JR?

You could always count back to see if there's a 12-month continuous period in the previous 15 months where you do come up over the threshold. You do need to be currently employed when you apply, but you don't need to be earning the salary you're claiming points for.

If there isn't such a period, could you find a job that will pay you enough to make up the difference between now and your application date?

Alternatively, you'll probably have to find a way to extend your stay until your 10 years is up. If you don't have a postgraduate qualification, you might be able to switch into a Tier 4 route to make up to 10 years, but I think the level of the qualification has to be higher than one you've already got. Or, maybe you could find a Tier 2 sponsor willing to take you on.

[ddmm]

Thanks Jonbca,
I am trying on the job front but wanted to find out if the Private Life category was a viable option (I am single with no partner) .
From what i have read on the forum they have stopped the right of appeal which would have been an easier way to buy me some time for 4 months.

Any thoughts?

[iubus2005]

Hi Jonbca,
Where do you see the requirement that "you do need to be currently employed when you apply"? I was not aware of this for Tier 1 General i.e., once you earn the required amount, whether or not you have a job, is not relevant (one of the advantages for Tier 1 G)

[ddmm]

Hi iubus2005,

Thanks for your input, do you know any way by which i can buy me some time for 4 months before applying for ILR?

Regards,
Dhanesh

[jonbca]

Hi iiubus,

I guess the requirement isn't explicitly there but the form asks you how you're supporting yourself (i.e. how much you earn and where it comes from). I don't know if it exclusively means employment earnings.