New entrant or Experienced - confused!!!

[ramakrishna230]

Hello All,
Iam on tier 2 General from Mar 2014.
I have changed from PSW to Tier 2 General Last year.
Now,the licence of my sponsered company is revoked and i have to change to a new employer.

Fortunately i found a sponsor who is willing to sponsor .

1.IAm on SOC 2139 at £21000(new entrant) upto now.If i change employer on same code,do they need to do RMLT?
2. What is the salary range they should do the test for?(as per new April 2015 rules)
3. How much salary should i be on,if applying for 3 years Visa.(as iam already on tier 2 general for 1 year as new entrant)
4. How much salary should i be on if they offer me a 2 year fixed term contract.(as iam already on tier 2 general for 1 year as new entrant)

any Help from gurus/members is much appreciated.

thanks,
Ram

[PrinceFav]

Hello All,
Iam on tier 2 General from Mar 2014.
I have changed from PSW to Tier 2 General Last year.
Now,the licence of my sponsered company is revoked and i have to change to a new employer.

Fortunately i found a sponsor who is willing to sponsor .

1.IAm on SOC 2139 at £21000(new entrant) upto now.If i change employer on same code,do they need to do RMLT?

Yes, you do need RLMT except its a shortage skill job or a higher earner
2. What is the salary range they should do the test for?(as per new April 2015 rules)

As per the new Rule, SOC 2139 New Entrant is £20,000 based on 39 hours. If they are want to advertise on the same
salary(£20000) then your hours must not be more than 39hours
3. How much salary should i be on,if applying for 3 years Visa.(as iam already on tier 2 general for 1 year as new entrant)
4. How much salary should i be on if they offer me a 2 year fixed term contract.(as iam already on tier 2 general for 1 year as new entrant)

Question 3 & 4: New Entrant Salary applies to you since you where last granted on Tier 2 up 3 years. Same Salary applies if its 2 year contract provided its not more than 3 years
any Help from gurus/members is much appreciated.

thanks,
Ram

[justdopposite]

New entrant

Tier 2 (General) applicants who meet the definition of "new entrant" can rely on the lowest wage for each occupation, subject to a minimum of £20,800 (£20,500 if your certificate of sponsorship was issued before 6 April 2015).

You meet the definition of "new entrant" if you fall within one of the following categories:

you are under 26 years old on the date when you make your Tier 2 immigration application
your Tier 2 sponsor recruited you by carrying out a university milkround (check with your employer if that applies to you)
you meet the requirements of the post-study work exemption from the resident labour market test.

see http://www.ukcisa.org.uk/International- ... ew_entrant

[PrinceFav]

@ramakrishna230;

Please note that new entrant will only apply to you as follows;

(d) Where both "new entrant" and "experienced worker" rates are stated in Tables 1 to 5,
the "new entrant" rate will only apply if:
(i) the applicant:
(1) is applying as a Tier 2 (General) Migrant and scores points from the
Post-Study Work provisions of Appendix A,
(2) is applying as a Tier 2 (General) Migrant and scores points from the
Resident Labour Market Test provisions of Appendix A, on the basis that
his Sponsor has carried out a university milkround,
(3) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the
Graduate Trainee sub-category, or
(4) was under the age of 26 on the date the application was made;
and
(ii) the applicant is applying for entry clearance or leave to remain (not for
indefinite leave to remain); and
(iii) the applicant 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.
The "experienced worker" rate will apply in all other cases

https://www.gov.uk/government/uploads/s ... _final.pdf

[ramakrishna230]

Thanks Price for the quick reply.
I went through the document and have below doubts,can you/gurus/members please help
(1)is applying as a Tier 2 (General) Migrant and scores points from the
Post-Study Work provisions of Appendix A,

Will i come under point 1,i got the earlier tier 2 general in this category for 3 years ,but now iam changing the employer only after 1 year.will i still be considered in this category if i apply for 2 years visa with new sponsor

(2) is applying as a Tier 2 (General) Migrant and scores points from the
Resident Labour Market Test provisions of Appendix A, on the basis that
his Sponsor has carried out a university milkround,

The new sponsor is doing the RLMT by advertising the job in jobsites for 28days.As i understood from the document that university milkround is visiting the universities.The company dint visited any universities.will i still be considered in this?

Any help is much appreciated.

[Shah1698]

Hi

Have you got any response from elsewhere? I am also in similar situation where I am been offered a job at new entrant salary rate and they just advertise on two websites but did not attend universities.

Regards,
Shah

[jonadsou]

@ramakrishna230;

Please note that new entrant will only apply to you as follows;

(d) Where both "new entrant" and "experienced worker" rates are stated in Tables 1 to 5,
the "new entrant" rate will only apply if:
(i) the applicant:
(1) is applying as a Tier 2 (General) Migrant and scores points from the
Post-Study Work provisions of Appendix A,
(2) is applying as a Tier 2 (General) Migrant and scores points from the
Resident Labour Market Test provisions of Appendix A, on the basis that
his Sponsor has carried out a university milkround,
(3) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the
Graduate Trainee sub-category, or
(4) was under the age of 26 on the date the application was made;
and
(ii) the applicant is applying for entry clearance or leave to remain (not for
indefinite leave to remain); and
(iii) the applicant 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.
The "experienced worker" rate will apply in all other cases

https://www.gov.uk/government/uploads/s ... _final.pdf

Of the four options d-i-(1,2,3 and 4) does a candidate qualify as a new entrant if they satisfy just one of these?

Specifically, I am over 26 years of age and have just completed an MSc on a Tier 4 visa. Do I qualify as a new entrant or does my age mean I have to apply as an experienced worker?