Renewing recently expired Tier 2 Visa - practical options?

[kag8]

Hi,

I have spoken to a friend of mine who is in a desperate situation as his wife is pregnant and due to give birth within the next 4 weeks. He faced some issues with his HR department meaning he has overstayed his Tier 2 sponsored visa by a few days. Now his employers are suggesting quite drastic measures which have got him very worried financially and legal perspective too.

He sent me the email below summarising his situation but I have amended it slightly to make it easier to read....and hopefully understand!

Any advice would be highly appreciated.

Thanks!

____________________________________________________________________________________________

I have overstayed my Tier 2 (General) visa by 4 days as there was a mixup with the HR department as well as an error on my part. My employers have reiterated they would like to keep me on and have suggested the following route:

1. Terminate my employment as I am now no longer eligible to work and they do not want to be penalised
2. Offer me a new employment contract (which clearly states I can only be employed once I have a valid visa)
3. Issue me with a new CoS
4. I apply for a new Tier 2 (General) visa
5. Report to work once visa application successful

I also think I have the option of applying for an extension of stay as the partner of a British Citizen (my wife is British by birth) but if my employer terminates my current employment, I will not be able to meet the finance requirement as my wife does not also work. I do have the FLR(M) application ready with all the relevant supporting documents (including letters confirming my employment, salary, payslips, etc, dated before expiry of my Tier 2) just that I am technically no longer able to work and so will not have an income – unless I get the visa! OR can I still apply showing my previous 6 months payslips and also my new job offer letter as meeting finance requirement?

28 Day Grace Period – or are we overcomplicating matters and I should simply be sent on unpaid/gardening leave while I apply for an extension of my Tier 2 (General) visa or Spouse Visa (whichever will let me get back to work and earning asap) clearly explaining there was an administrative error which led to the delay in my application?

Finally, as I would like to apply asap I am looking at the premium service – how long is the waiting period for a premium service appointment? I can travel anywhere in UK for the first available appointment as soon as I know what to do!

Please advise, thank you.

[iworker]

i persoanlly think he should apply for tier 2 extension, as he is overstayer by less than 28 days. His employer can, if they want send him on unpaid leave. He can search online for the earliest appointments.. some sooner appointments come up all the time as someone reschedules or cancels, so best to check.