Switching from PSW to Tier 2 after 6th April

[fsix]

Hi All,

I am currently on a post study work visa which ends on the 11th August.

I am still very unsure about whether I will have to apply as "New Entrant" or Experienced Worker"

I started my job on the 17th December 2012 and my current earnings are £20,500 based on a 37.5 hour week and falls in line with Financial Account Manager, SOC Code: 3538 which comes up as £21,300 based on a 39 hour week which means if pro-rata'd my salary matches

My question now is will I be able to apply as a "New Entrant" as this provision appears to be only available when switching to the Entrepreneur Visa.

I would appreciate a concrete answer, I await your response. Thanks

[godistrue]

Hi All,

I am currently on a post study work visa which ends on the 11th August.

I am still very unsure about whether I will have to apply as "New Entrant" or Experienced Worker"

I started my job on the 17th December 2012 and my current earnings are £20,500 based on a 37.5 hour week and falls in line with Financial Account Manager, SOC Code: 3538 which comes up as £21,300 based on a 39 hour week which means if pro-rata'd my salary matches

My question now is will I be able to apply as a "New Entrant" as this provision appears to be only available when switching to the Entrepreneur Visa.

I would appreciate a concrete answer, I await your response. Thanks

I am on same boat. I am on PSW visa and still waiting to know will i be coming under new entrant as I am 30 years old.

[ramya80]

The criteria to qualify as a New Entrant

We will define new entrant employees as:
– graduates switching from Tier 4 into Tier 2 under our post-study provisions;
– graduate recruits where the employer has used a university “milkround” to satisfy the Resident Labour Market Test;
– those sponsored in the Intra-Company Transfer Graduate Trainee route; and
– anyone aged 25 or under on the date of their initial Tier 2 application

hope this helps

[godistrue]

The criteria to qualify as a New Entrant

We will define new entrant employees as:
– graduates switching from Tier 4 into Tier 2 under our post-study provisions;
– graduate recruits where the employer has used a university “milkround” to satisfy the Resident Labour Market Test;
– those sponsored in the Intra-Company Transfer Graduate Trainee route; and
– anyone aged 25 or under on the date of their initial Tier 2 application

hope this helps

Yes I have seen these things. But it havent mentioned post study work visa.

[fsix]

Thanks ramya80 but I have gone through that information and it still doesnt give the answers

Surely though I shouldn't be classed as an experienced worker if
(a) I only started my job in December
(b) I have never been on a Tier 2 visa
(c) Existing Tier 2 Holders looking to extend if under 3.5 years on previous leave are still classed as "New Entrants" and Post Study Visa is only 2 years anyway!

I really need answers as the information is still quite vague for PSW holders wanting to switch.

is there anyone out there knowledgeable about this?

[ramya80]

i think we may have to wait till 6 april as ukba may publish more details

[ct1209]

Statement in Tier 2 Codes of Practice:- We therefore recommend that new entrant employees should be defined as full-time employees who have left full-time education less than three years ago.

http://www.ukba.homeoffice.gov.uk/sitec ... actise.pdf

I think you can get a good amount of info about new entrant on pages 58, 59 and 60

Please let me know if I'm wrong........

[fsix]

Thanks ct1209!

Thats was very informative and it gives me a good idea.

If that suggestion by the MAC is anything to go by then I think PSW holders will be able to apply as new entrants as I finished Uni just 2 years ago.

Thanks again for pointing that out !

[ann771]

Hi ct1209 and fsix,

I think the document you are referring to is the original recommendations by the MAC, but UKBA published another document where they finalised decisions based on the MAC report. Here is a link to this document: http://www.homeoffice.gov.uk/publicatio ... iew=Binary

According to this document, UKBA replaced MAC's recommendation of 3 years after graduation by age limit of 26 years.
Here is a paragraph from page 5 of this document:
––anyone aged 25 or under on the date of their initial Tier 2 application (analysis shows that workers normally reach the 25th percentile by age 26).
...
This is a slight change from the definition proposed by the MAC, which referred to the number of years since leaving full-time education. This would have required employers and the UK Border Agency to see and verify an applicant’s educational history. It may also not always be clear when an applicant left full-time education. We believe the above definition is clearer and simpler for employers and the UK Border Agency to operate.

please correct me if my understanding is wrong.

thanks

[eee001]

The codes of practice document released on 20th march -- http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

give the following as the only options for qualifying for new entrant salary thresholds--

The new entrant thresholds apply to:

-Graduates switching from Tier 4 into Tier 2 under the post-study provisions;
-Graduate recruits where you have used a university “milkround” to satisfy the Resident Labour Market Test;
-Graduates sponsored in the Intra-Company Transfer Graduate Trainee route; and
-Any workers making an initial application who are aged 25 or under on the date they apply.

According to the above clause they will allow people switching directly from student to tier 2.
I think they just forgot to add a clause for people already on PSW.

I am starting a job in a couple of weeks and am on PSW visa currently. The salary requirements for my SOC code has a £10,000 difference between the requirements for new and experienced workers. My salary is over but still very close to the new entrant threshold but I don't think I'd be getting a 10 grand pay hike in the next year and a half!

I had planned to move to tier 2 as soon as I got my Job to qualify for ILR after 5 years, but these new rules just complicated everything for me.

[fsix]

I guess this is the information we have all been looking for

I found this on;

http://www.ukcisa.org.uk/student/info_s ... p#tier_two

Post-study work exemption from the resident labour market test

Post-study workers

If you have or were most recently granted immigration permission under Tier 1 (Post-Study Work), or as a participant in the International Graduates Scheme or the Fresh Talent: Working in Scotland Scheme, your employer is not required to carry out the resident labour market test. However, the job must meet the skills level and the minimum wage level and you must meet the English language requirement and the maintenance requirement. You qualify for the lower new entrant wage and you can apply in the UK.

Students

You are also exempt from the resident labour market test, qualify for the new entrant wage and you can apply in the UK if you meet all of the following requirements:

you have or were most recently granted student immigration permission (this includes Tier 4 leave and student, Student Union sabbatical officer and postgraduate doctor or dentist leave under the Rules that preceded Tier 4)
you have completed at least 12 months of study in the UK towards a UK PhD, or you have completed and passed a UK recognised Bachelor's or Master's degree or a UK Postgraduate Certificate in Education (PGCE) or Professional Graduate Diploma of Education (PGDE) – if you do not have your certificate, you can submit other evidence (academic transcript or reference) that must meet the requirements in the Tier 2 Policy Guidance
you studied this course at a UK recognised or listed body or at an institution that holds a Tier 4 sponsor licence (and that is still on the register of Tier 4 sponsors on the date on which you obtain your qualification)
you studied this course during your most recent period of immigration permission (leave) or during a period of continuous leave that includes this most most recent period of leave
you carried out your study or research for this course when you had immigration permission that did not prevent you from studying or carrying out research in the UK

The requirement that you must have studied your degree, PGCE or PGDE during a period of continous leave that includes your most recent period of immigration permission means that you can rely on a degree, PGCE or PGDE you completed earlier, even if you are now studying for or have obtained a different qualification. If you did not have immigration permission throughout that period, the gaps between your periods of immigration permission must be no more than 28 days.

Although your job is exempt from the resident labour market test, it must meet the skills level and the minimum wage level and you must meet the English language requirement and the maintenance requirement.