Tier 2 Extension - New Entrant or Experienced Salary Rate

[earlyrenewal]

I am looking to renew my Tier 2 General visa that was initially issued for Two years. It expires in February 2016. My employer would like to renew my visa potentially for 2 or 3 years again. I am currently employed with the same employer and my salary is unchanged and earn the same rate as specified for a "new entrant" for my job code. I switched over from post study work visa to my current visa in 2014. I contacted the UKBA call centre and they advised me that as I am with the same employer and that my SoC code has not changed I would only have to be paid the "New Entrant" rate. I have read about some visa extensions being rejected due to this reason and I would like some advise on this matter.

I have also read Append J which states :

(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.

My query is :
1)If my employer gets a CoS for 2/3 years(i.e under 3 years and 1 month) would I have to be paid the "new entrant" rate or does it have to be "experienced rate" as it goes beyond the total 3 years and 1 month specified in Appendix J.
2)Carrying on from question 1 if I have to be paid "experienced" rate for any new visa extensions is it possible to extend for an another year on the "new entrant" rate as I will still be within the limit of a total 3 years and 1 month as specified in Appendix J.

[justdopposite]

Usually, you can only be a New Entrant once, for your initial T2 visa. Any T2G extension must have an experienced rate salary at the time of application.

[earlyrenewal]

In my case I was on PSW and my visa was not extended for the entire 3 year and 1 month period as mentioned in Appendix J. It was only two years initially. Does Appendix J mean that when I switched my visa and the company decided to extend the visa only for one year, by the time of next extension my salary should reach the "experienced rate"?? Appendix J seems to be a bit vague as it only says "all other cases" it is "experienced rate". It doesn't mention extensions or whether the length of initial renewal of visa or anything of that sort.

[bsc2007]

Let us say you started Tier 2 G on 1st January 2014. If your new Tier 2 extension application will allow you to remain in the UK even after 31st January 2017 - you will be treated as an Experienced worker. That is what I understand reading different bits on UKBA and this forum.

[bsc2007]

Hi,

After re-reading sections 75-79 of https://www.gov.uk/government/uploads/s ... 4_2015.pdf
I am a bit confused now.

I wonder whether working for same post for same employer requires the Experienced Worker salary or the minimum threshold - which is currently £20800?


I received my Tier 2 G visa on 15th January 2014 - as a New Entrant. Now when I extend the visa next year, it will go beyond 3 years and 1 month. I hope the Respected Guru clarify whether the requirement for me is £20800 or the Experienced Worker salary (currently £31100 for SOC 2136)? If it is £31100 - I will have to look for a new job paying higher salary.

Many thanks and sorry for any confusion.

B

[earlyrenewal]

Hi bsc2007,

Even I got mine on 15th Jan 2014 but only for two years. Its Appendix J that is tripping me up. From other posts in the forum as "manci" has sated anything after 3 years and 1 month is experienced rate. I am currently 29 so that wouldn't help me at all. What I don't get is how would somebody's salary who just switched from Post Study Work Visa and working for the same employer would increase all the way up to an "experienced rate" in 3 years. Btw the new entrant rate for soc code 2136 is 24000 not 20800 as mentioned in the earlier post. My only doubt is whether I can extend my visa for another year in "new entrant" as I initially got mine for only two years.

[justdopposite]

My only doubt is whether I can extend my visa for another year in "new entrant" as I initially got mine for only two years.

Sadly no. You cannot, with a new entrant salary rate.

[earlyrenewal]

I have been in contact with a friend of mine who recently extended his visa. He's told me that his salary was not in the experienced rate and he is over 26. It would really be helpful if anybody has similar experience on their extensions here. He was not fully sure of his soc and he calculated it based on the nearest matching job description.

[bsc2007]

I was unable to find the post where manci stated that anything above 3 years and 1 month is "Experienced". I will be 30 at the time of renewal (Oct '16). I was never in doubt about the New Entrant Vs Experienced - as it will be Experienced rate for sure. However, what baffles me is that if we are working for the same company at same post - will we be considered as Experienced, or will the minimum Tier 2 G salary threshold £20800 be considered...? The reason of doubt being same (how can the salary increase so much in 3 years, and secondly, how can my employer afford to lose me!).

As we are renewing the visa, and not applying afresh - I think that they did consider £20800. I hope Manci clarifies the lingering doubt I have.


Secondly, if your new application wont ask for a visa further than 14th Feb 2017 - you will be considered as a "New Entrant". So lets say your contract is from 1st Jan 16 to 31st Dec 16 - the visa they will give you will be until 14th Jan 17. Thus, as this date doesn't exceed 14th Feb 17 - you will be treated as new entrant.

[earlyrenewal]

Here's the post http://www.immigrationboards.com/uk-tie ... 69811.html

I was asked for my age when I told I still have 1 year left to the total of 3 years and 1 month. When I told that it was over 26 the guy replied that it has to be at the experienced rate. As far as they are concerned keep a non-eea candidate at a heavy price. The rules makes no sense whatsoever. They don't check the circumstances or how many years of actual experience does the candidate have.

[shuvoamin]

Hi

@earlyrenewal I'm in similar situation as you were, could you please clarify what happened to your visa now? were you granted further 1 year 1 months or more with entrant rate or you had to apply with experience rate, it would be extremely helpful if you could share your final situation.

Thanks