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you have been looking at a superseded document.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?.