Long Residence (10 years) Short of 10 months

[ChichiCharlie]

Hi Guys
I'm panicking as my Tier 2 visa is expiring soon. I desperately need your help... Please..

So my current Tier 2 visa expires in November (60 days to go!).
Although I have completed the 5 years employment under this category I do not qualify for ILR application because of the new salary threshold of £35k.

Immigration story:
Entered the UK in September 2008 under a student visa.
Was granted a PSW visa in October 2009.
Joined the company I’m working for in 2011 and obtained a Tier 2 visa.
Same type of visa was renewed in 2014 - ending in November 2017.

I have reached the maximum years allowed under the Tier 2 category, therefore my company cannot apply for any extension of my visa.

It's been 9 years since I have been lawfully living in England.
That takes me 10 months short to reach the 10-years route!
There has been no long breaks as stated in the requirements during this time.
I have never outstayed any of my visas. I have submit all my previous applications in the right time.

I have approached a solicitor and he's suggesting to go for FLR (FP) to buy time, then to go for the ILR when I reach the time time to apply.
I do not have any family in the UK. Nor do I have a partner.
Is just the fact that I have lived here for 9 years, having friends and a job here, sufficient to go for the FLR route?
I'm not sure that this is a plausible plan. Besides the solicitor is charging a huge amount of money to work on my case.

I am aware that I could switch to a Tier 4 visa to carry through to the 10 years route.
However courses are very costly for international students plus we have to show evidence of funds for the cost of living. The amount of money that HO wants to see on my bank account is no less than £24k!

Can someone help me please?
Should I believe this solicitor?

Thank you

[CR001]

I have approached a solicitor and he's suggesting to go for FLR (FP) to buy time, then to go for the ILR when I reach the time time to apply.

Unfortunately, HO are very aware of this 'buy time' ruse and abuse of this visa route and are hot onto them with refusals very quickly if you don't qualify. You are unlikely to buy the 10 months you need.

I do not have any family in the UK. Nor do I have a partner.
Is just the fact that I have lived here for 9 years, having friends and a job here, sufficient to go for the FLR route?

Having friends and job here are unfortunately not sufficient grounds for an FLR(FP).

I'm not sure that this is a plausible plan. Besides the solicitor is charging a huge amount of money to work on my case.

Ask him if his advice remains the same on a 'no visa no fee' basis. I bet you he quickly changes his mind because he knows you don't qualify based on what you have stated but will charge you the earth. Many sharks in the sea.

What is your nationality?

How old are you?

[ChichiCharlie]

Thank you for you prompt reply.

I'm in my early 40s.
I'm from a commonwealth country.

I had a feeling that this 'buying time' thing stinks.

He had already charged me with £250-

So my best bet would to switch to a Tier 4?

Also, if I manage to get a new job with the £35 wages, is a month (or less) enough time for the new employer to employ me while I go for the 5-years Tier 2 route to ILR?

Thank you

[CR001]

You need at least one payslip and bank statement showing the £35k rate. To change sponsors, they need to do RLMT.

What is your current salary?

What is your SOC?

[ChichiCharlie]

Current salary £29.9
CoS 2472

Provided the new employer applies for a sponsor permit, how long does all the procedures take before I can join their company?

My visa ends right at the beginning of November, so in a bit more than a month! I guess no time to be sponsored by new employer and get 1 month salary...

Thanks

[CR001]

What date was your first tier 2 visa valid from?

It doesn't appear that you have enough time.

You have to find a sponsor and apply for a job. RLMT takes 28 days, it cannot be less. Only then can they offer you the job and request and issue a CoS before you are able to apply for a visa. It is only once you have a new tier 2 visa (if you qualify) that you can start working for a new sponsor.

[ChichiCharlie]

My first Tier 2 was granted in November 2011.
I'm reaching the cap permitted under a Tier 2 Visa...
I might have a potential sponsor for a new job with the correct salary but I guess there's no time left...

[CR001]

Your SOC does not appear to be a shortage occupation so RLMT would be mandatory before you can be offered the job and CoS and you won't get a visa past the 6 mark and HO might very well question your application so close to the cut off.

Unless you qualify for any other visa, I can't see any option for you.

[ChichiCharlie]

Switch to Tier 4 maybe?

[CR001]

Yes if you can get a CaS and meet all the requirements.

What was your last course you did in the UK?

[ChichiCharlie]

Degree

[CR001]

So you could do a Masters if you wanted to I suppose.

[ChichiCharlie]

Thank you so much for your help.
I do have to choice now to go for a Master course, however the money involved is huge.

I went back to the solicitor asking clearly (based on your comments) how they plan to get me through the 10 months and here is their reply:

The 10 year ILR route is for anyone who has lived in the UK for a continuous period of 10 years. This does not depend on the fact whether the person is married or not or whether he has strong family ties etc.
This is not a condition it is simply 10 years legal residence.

For this matter we are only doing an FLR (FP) so you can complete your 10 years in the UK legally beyond the expiration of your visa.

Therefore, FLR (FP) application in your case will only be done in order to gain time so you can complete your 10 years we are not relying upon FLR FP but rather we are relying on the SET(LR) rules. We will be doing FLR (FP) before your visa expires so your leave can carry on under section 3c of the immigration rules and your stay in the UK after the expiration of your visa is legal. FLR (FP) itself does not need to be successful it will only be done to buy you time till sep 18 so you qualify under SET (LR) route of 10 year long residence.

First we will be submitting FLR (FP) and once you complete your 10 years (28days before you complete your 10 years) we will be varying your FLR (FP) with SET (LR) application in order for you to get ILR. Total of 3 applications.

All this does not make sense to me...
What are your thoughts...

many thanks again for your help.

[CR001]

Yes, all good and well, except that FLR(FP) applications that have no basis and are used purely to buy time are refused relatively quickly and will likely not buy you the 10 months you need. HO are very aware of this FLR(FP) time buying abuse.