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What does this imply?

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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safatafa
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Posts: 340
Joined: Tue Apr 20, 2010 9:48 pm
United Kingdom

What does this imply?

Post by safatafa » Sat Apr 06, 2013 10:31 am

Just checked my new soc code and at the bottom it says experienced worker rate does not apply if I had leave before 6 April 2011! Does it mean old salary rates apply which was 15 k acc to old soc code this is a phd level soc?


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Salary rates: New entrant: £20,300* / Experienced worker: £26,000
* [or £20,000 for applicants who entered Tier 2 under the Rules in place before 6 April 2011 and are
not subject to the experienced worker rate][/b
]

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: What does this imply?

Post by manci » Sat Apr 06, 2013 2:14 pm

safatafa wrote:Just checked my new soc code and at the bottom it says experienced worker rate does not apply if I had leave before 6 April 2011!
that is not what it says - read it again

safatafa
Member of Standing
Posts: 340
Joined: Tue Apr 20, 2010 9:48 pm
United Kingdom

Post by safatafa » Sat Apr 06, 2013 4:37 pm

Salary rates: New entrant: £20,300* / Experienced worker: £26,000
* [or £20,000 for applicants who entered Tier 2 under the Rules in place before 6 April 2011 and are not subject to the experienced worker rate][/b

Thanks manci, read it so many times still not sure ,What this implies?

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Apr 06, 2013 4:54 pm

it means that, for example, somebody who is still under 26, and therefore a new entrant, AND entered Tier 2 under the rules in place before 6 April 2011, only needs to get a minimum salary of £20,000 rather than £20,300.

safatafa
Member of Standing
Posts: 340
Joined: Tue Apr 20, 2010 9:48 pm
United Kingdom

Post by safatafa » Sat Apr 06, 2013 4:58 pm

I get it now thanks I am way above the 20 k mark so I should be fine phew !!!
Thanks a lot manci.
Much appreciated.

rumi23
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Posts: 12
Joined: Sat Feb 16, 2013 4:58 pm
Location: United Kingdom

Post by rumi23 » Sat Apr 06, 2013 9:08 pm

Manci, Would you please help me to understand the following 59, 60, 61 pages regarding new entrant and experienced worker salary

http://www.ukba.homeoffice.gov.uk/sitec ... actise.pdf
According to this one anyone can be classified as new entrant if is a recent graduate and left his uni within three years and age is not a matter in this case. Correct me if i am wrong.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sat Apr 06, 2013 10:10 pm

rumi23 wrote:Manci, Would you please help me to understand ....
you have been looking at a superseded document. The current code of practice (from 6 April 2013) is:
http://www.ukba.homeoffice.gov.uk/sitec ... orkers.pdf

As far as new entrants are concerned who were previously students there is a little mismatch in the wording in the code of practice and Appendix J of the Immigration Rules (which is the law):

The Code of Practice wording:
The new entrant thresholds apply to:
• Graduates switching from Tier 4 into Tier 2 under the post-study provisions;
...............
• Any workers making an initial application who are aged 25 or under on the date they apply.

The wording in Appendix J of the Immigration Rules
the “new entrant” rate will only apply if the applicant:
(i) is applying as a Tier 2 (General) Migrant and scores points from the
Post-Study Work provisions of Appendix A,
............................................
(iv) was under the age of 26 on the date the application was made

I think the code of practice wording is somewhat misleading because it suggests that only migrants switching from T4 to T2 can be consdered new entrants but those who switch from T1 PSW to T2 cannot. The Immigration Rules (Appednix J) are clear that T1 PSW migrants switching into T2 are automatically considered new entrants but raises the question whether those switching from T4 to T2, and happen to be over 26, can be considered new entrants, too?.

safatafa
Member of Standing
Posts: 340
Joined: Tue Apr 20, 2010 9:48 pm
United Kingdom

Post by safatafa » Sat Apr 06, 2013 11:06 pm

Manci
I will be applying for ILR in 2015 based on the soc code description , I ve applied for extension now before 5 April under soc code 2329 in 2015 I ll be using the above soc code 2119
Does the experienced worker rate apply ? I don't think so in my case. I understand wat u said and agree that for applications from April 2011 ll be classed as new entrant or experienced workers rates but I don't think I ll be subject to that rates As I was granted leave in July 2010.
Correct me if I am wrong .
It is slightly misleading I know my salary ll need to be above 20k to be eligible
But experienced worker rate will not apply in my case..

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Sun Apr 07, 2013 8:57 am

If you will still be doing the same job in 2015 when you apply for ILR
AND
if you will be under 26 at the time
AND
if the current code of practice is still in force

then you will need a min. salary of £20k for a 39 hour week, otherwise the experienced worker rate will apply..

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