Early extension of Tier 1 General Visa

[vbathineni]

Hi,

I am on Tier 1 General visa (2 years). I am working here in uk from April 2011.
I worked for an employer (fulltime) from april 2011 - December 2011. I moved to another company n Dec 2011.

Now my problem is My previous employer haven't paid me after giving notice (total 2 months pay november and december). I have filed a case against him in Employment tribunal and he accepted that he has to pay me, however he didn't paid till now.
Now I got a situation that i need to go for visa extension in august 2012 but i don't have pay for november 2011 and december 2011 because of break in the consecutive pay i am not able to use my pay before november (as we need to show 12 consecutive months pay). I will not meet the visa extension requirements if they don't consider my pay before november 2011.

Is there any way that my visa will be extended if I provide required documents (settlement letter from Govt approved agency) related to my pay issues for the month of November 2011 and December 2011.



Please suggest any other alternative solutions available.

[silent_warrior]

Hi,

I am on Tier 1 General visa (2 years). I am working here in uk from April 2011.
I worked for an employer (fulltime) from april 2011 - December 2011. I moved to another company n Dec 2011.

Now my problem is My previous employer haven't paid me after giving notice (total 2 months pay november and december). I have filed a case against him in Employment tribunal and he accepted that he has to pay me, however he didn't paid till now.
Now I got a situation that i need to go for visa extension in august 2012 but i don't have pay for november 2011 and december 2011 because of break in the consecutive pay i am not able to use my pay before november (as we need to show 12 consecutive months pay). I will not meet the visa extension requirements if they don't consider my pay before november 2011.

Is there any way that my visa will be extended if I provide required documents (settlement letter from Govt approved agency) related to my pay issues for the month of November 2011 and December 2011.



Please suggest any other alternative solutions available.

Hello vbathineni


'Will you be able to satisfy the previous earnings amount, for a period between September 2011-August 2012 (excluding November & December 2011) ? If yes then, I don't see a problem. See Point 83 of the guidance notes, which would apply to you. It states 'An applicant does not have to be in continuous or full-time employment during the 12 months being assessed'
If you intend to apply for extension in August 2012, you can use a 'previous earnings' period from September 2011- August 2012 (or August 2011-July 2012, if you apply on 1st of August). If you are able to satisfy the amount required to claim the points, then it would not matter whether or not you were paid for November & December 2011.

[geriatrix]

You are getting confused between consecutive (12 months) and continuous (12 months).
As suggested, see also 83 & 84.

[vbathineni]

Hi silent_warrior/sushdmehta,

Thanks for the information. Its good to know that i can use my pay before november 2011, But unfortunately my pay from September 2011-August 2012 will not meet visa extension requirement, Without considering November and December pay i will not meet visa extension requirement.

My annual package in both jobs is 35K.. so i have to show all 12 months pay for visa extension. From September 2011-August 2012 i got only 10 months pay, i am still running short of 2 months pay.. is there any way i can request for considering July 2011 and August 2011 pay instead of nov and december pay.. i got all legal documents to proven my Ex employer mistake.

[geriatrix]

There may be a possibility if the employer pays you your dues before you apply. A detailed explanation and evidences of the case in employment tribunal will be needed.

Else, no way out .. unfortunately.