entrant salary if changing company While on tier

[drdevil86]

Hi, I am on Tier 2 general visa at the moment and planning to change the company. I understand I need the COS but wanted to ask about the salary. It says 20300 for new entrants which was applied when I switched from PSW to Tier 2. It states 26000 for experienced workers. I was wondering which salary rules will be applied on me this time ?
Thanks in advance

[manci]

experienced worker

[drdevil86]

Thanks Manci

[Sefardim]

Hi

Also switching tier2 to tier2, been on this visa for a couple of months and found a new employer willing to sponsor me. Reading this forum got a bit confused if i'm considered a new or experienced entrant, tend to think a new (since i'm less than 26 yo) but still not sure as i might not interpret rule 26.3 correctly so I need your advice. Thanks in advance and rule 26.3 is below for your reference.

26.3 The new entrant rate can also be paid if the migrant: a) will be sponsored under the Tier 2 (ICT – Graduate Trainee) category, or b) is under the age of 26 on the date of their application for Tier 2.

Cheers

[manci]

@Sefardim
the rule applicable in your case is Appendix J of the immigration rules:

the "new entrant" rate will only apply if the applicant:
.....................................................
(iv) was under the age of 26 on the date the application was made,
and is not applying for a grant of leave that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month.

Para 26.4 in the T2 sponsor guidance also confirms the above

@drdevil86
you didn't mention your age but please also note the above

[Sefardim]

Thanks Manci much appreciate this.

So I guess I'm safe to apply the only thing that still confuses me is "that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month". Does this mean that my new visa (if successful) will expire the same day my current visa expires (in order not to bring my stay beyond 3y1m)? or will I still be able to get a 3 year one? Is it possible to apply for a 5 year visa after new rules kick in?

Thanks for helping again and pardon for so many questions (:

[manci]

@Sefardim

If the salary in new job they offered you doesn't meet the experienced worker rate then ask the new sponsor to put the work end date in the CoS just short of 3 years + 1 month after the date your first T2G leave was granted. This way you can stay on the new entrant rate for the duration of the new leave (but not beyond).

Apart from the salary issue you wouldn't be able to apply for a 5 year leave in any case because you didn't have T2 leave before April 2011.

[Sefardim]

Thanks Manci (:

[olumz1]

Hi Manci,

Thanks for your explanation. I'm in the same situation but I moved from a PSW visa to Tier 2 general. As a result the age limit wasn't applicable in my initial application. I now intend to change my job role within the same company. The role in itself is an entry postion and I was thinking since I've not used up my initial 3 years (2 years left), I'll still be eligible to the entrant salary. Please clarify this a bit more, I apologise in advance if this is a repitition to what you've already explained.

Thanks,

Mani

[manci]

@olumz1
The "under 25" age limit to qualify for the new entrant salary rates only applies to initial T2G applications.

if your role change involves a new job SOC code you'll have to make a change of employment application with a new CoS (which may necessitate an RLMT) and you'll need to get the "experienced" salary rate as a minimum.

If it there is no SOC code change you needn't do anything but if your current visa expires and you apply to extend it (with a new CoS) then the new entrant rate will continue to be allowed unless the extension applied for takes you beyond 3 years from your initial T2G leave.