Tier 2 to Tier 1 - dilemma - please help

[lucky7]

Hi guys,

First post here but I have been reading a lot and it has been really helpful. I have a serious problem:

I am under Tier 2 and it expires on Jan 21st. I am trying to switch to Tier 1 but I am 5 points short. I could complete my points with UK experience but I need GBP2000 more and here comes the issue: I have holiday entitlements with my current company but they refused to pay it with december payroll (which they pay on 25th Dec). So, they are going to pay me on Jan 25th which is after my visa expires. Is there any way I can get around this? Somehow staying legally after my visa expires and then apply for Tier 1 with my holiday pay? Any suggestions?

I thought of applying for Tier 2 without any job or CoS and naturally get rejected, but meanwhile submit a Tier 1 application after Jan 25th. Any chance this can work?

[drmastoi]

Hi

You should as soon possible contact a lawyer.
there is definitely something which can help you get some time .I think they can ask for transitional status etc. .
Its worth checking with them.

Good luck

[lucky7]

Thanks for the response.
Any other opinions?

And, does anyone know a good immigration lawyer in London?

[lucky7]

Hey guys,
any ideas for my dilemma?

I think I am going to submit my application before my visa expires without the proof of my holiday pay (no payslip, no bank statement) and I will clearly state my situation in the cover letter to avoid getting a misrepresentation treatment. And then, I will submit the bank statement and payslip of my holiday after I get them probably in February by which I am sure they will not have processed my application yet. Any chance this can work, any ideas please?
Thanks.