SOC Codes - Am I considered as a new entrant or experienced?

[williamlcc]

Hi all,

I have been looking up my soc code to ascertain the appropriate salary for my Tier 2 (General) application. I need help to determine if I will be considered as a new entrant or experienced.

Just a very brief history about myself,
In 2009 I started working under Tier 1 Post study work visa straight out from university.

In 2011 applied for Tier 2 (General) under the same company. Tier 2 approved and but was made redundant beginning of 2012 and my Tier 2 visa has been removed.

Right after my wife graduated from uni and applied for her Tier 1 Post study work visa in March 2012 so naturally I applied as her dependant and found new employment about a month later and been working there till now. (Just over a year now)

So right now I think I would be best classified as a Tier 1 Post Study Work Dependant. Which brings me back to my question, in total I have about 4 years of working experience in the same field which I would think would qualify me as experienced. However I will be making the application switching from a Tier 1 Post Study Work Dependant which would mean I will be considered as a new entrant?

Any thoughts are very much appreciated.

Thank you,
William

[Jeeves]

New Entrant definition:
(d) Where both "new entrant" and "experienced worker" rates are stated in Tables 1 to 5, 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,

(ii) 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,

(iii) is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, or

(iv) was under the age of 26 on the date the application was made,

and 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.

Copied from: http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

If you're not already aware, you can't switch from your current visa to Tier 2 - you'll need to return home in order to apply and your employer needs to advertise your job (and if they find someone else they can't sponsor you).

[williamlcc]

Hi Jeeves,

Thank you for your reply. I was not aware that I needed to apply from outside the UK. As I did not have to do that when I applied for my Tier 2 visa the first time. Has the rules changed since then?

I'm assuming that

(i) is applying as a Tier 2 (General) Migrant and scores points from the Post-Study Work provisions of Appendix A,

refers to my current situation and that my application will be treated as a new entrant rather than experienced even though I have about 4 years of experience, and more than 1 year experience within the company itself?

Also i thought that as long as I worked within the company more than 6 months that my employer would be exempted from advertising my job role?

Please advise.

Many thanks,
William

[manci]

You are mixing up immigration categories.

You are a PBS Dependant at present, not a Tier 1 migrant, and what Jeeves said is correct.