Urgent Help Pls -New enttrent or not already applied

[SJ555]

Hi all,

My one friend has applied for Tier 2 G (PSW) and biometrics is given. His PSW visa expires tomorrow. His salary is 30 K above threshold from January but his employer has mentioned 24 K while issuing COS in December as it was 24k at that time. My friend thought he is new entrant as the post was newly created in the company. However according to definition given in Codes of Practice for Skilled Workers( page No. 5 ) he is not a new entrant.

What are the options for him? Gurus pls advise.

Regards,

Codes of Practice for Skilled Workers says, 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.

[manci]

if your friend is switching from T1 PSW to T1G then he is a new entrant as far as salary is concerned

[SJ555]

Hi, Manci,

Thanks for your reply.

If you don't mind, with due respects, are you sure because COP clearly mentions about switching from Tier 4 to T2 G but did not mention anything about switching from Tier 1 PSW to 2 G?

Regards,

[SJ555]

Hi,

Manci you are right, I found this on Tier 2 & 5 of the Points Based System - Guidance for Sponsors - Version 02/14 Page 67.

26.2 The new entrant rate reflects the fact that people in the early stages of their career are
generally paid less than their more experienced counterparts. The new entrant rate can be paid
if you have met the resident labour market test by carrying out a milkround, or the migrant is
switching into Tier (General) and was last granted leave to enter, or stay in the UK under:
a) Tier 1 (Post-study work), or
b) Tier 1 (Graduate Entrepreneur), or
c) the International Graduates Scheme, or
d) the Fresh Talent Working in Scotland Scheme, or
e) the Science and Engineering Graduates Scheme, or
f) Tier 4 or as a student and they have received final results confirming that they have passed
and will be (or have been) awarded:
▪▪a UK recognised bachelor’s or master’s degree, or
▪▪a UK Postgraduate Certificate in Education, or
▪▪a Professional Graduate Diploma of Education, or
▪▪they have finished a minimum of 12 months study in the UK towards a UK PhD.