Tier 2 switch from tier 4 with previous tire 2 working experiences count as "new entrant"?

[slzm900701]

Hi, I would like to know if I am eligible to swtich from tier 4 to tier 2 as an new entrant?
Currently, Im 28 years old. DOB: 1st July 1990

Below is my visa history:
July 2014 to December 2015: Tier 4 student
Jan 2016 to 14 December 2018: Tier 2 general (soc1135 new entrant)
(original expiry is 14 Feb 2019, Because of resigning so my visa got curtailed )
December 2018 to May 2019: visitor visa
May 2019 to June 2020: will hold Tier 4 visa (yes I’m going to study again)

As you can see I used to hold Tier 2 visa for 2 years and 11 months. And then I resigned to back to my home country because of some personal reasons.

Then I wanted to apply tier 2 again in UK, but because of calling off rule which is not allowed me to apply for 12 months, so I decided to study again from May 2019, I will hold a tier 4 student visa at that time. I would like to ask the questions below, if you can provide reference from official site, that will be very helpful. Thanks

1) Once I finished the study in June 2020, am I eligible switching from tier 4 to tier 2 as a “new entrant” for the role of HR Manager soc:1135? I’m very confused, because my previous 2 years and 11 months was the same soc, if I apply same soc in June 2020 ,will I count as “new entrant” again from tier 4 to tier 2?


2) My age will be 29 in June 2020, if I apply tier 2 , will I count as new entrant? As I will switch from Tier 4 to Tier 2 even my age is over 26. From Home office Tier 2 guidance it said: note that a tier 2 switch from tier 4 is considered to be a "new entrant' rather than an "experienced worker''

Thanks, looking forward to your answers.

[UKLL]

Hi, I would like to know if I am eligible to swtich from tier 4 to tier 2 as an new entrant?
Currently, Im 28 years old. DOB: 1st July 1990

Below is my visa history:
July 2014 to December 2015: Tier 4 student
Jan 2016 to 14 December 2018: Tier 2 general (soc1135 new entrant)
(original expiry is 14 Feb 2019, Because of resigning so my visa got curtailed )
December 2018 to May 2019: visitor visa
May 2019 to June 2020: will hold Tier 4 visa (yes I’m going to study again)

As you can see I used to hold Tier 2 visa for 2 years and 11 months. And then I resigned to back to my home country because of some personal reasons.

Then I wanted to apply tier 2 again in UK, but because of calling off rule which is not allowed me to apply for 12 months, so I decided to study again from May 2019, I will hold a tier 4 student visa at that time. I would like to ask the questions below, if you can provide reference from official site, that will be very helpful. Thanks

1) Once I finished the study in June 2020, am I eligible switching from tier 4 to tier 2 as a “new entrant” for the role of HR Manager soc:1135? I’m very confused, because my previous 2 years and 11 months was the same soc, if I apply same soc in June 2020 ,will I count as “new entrant” again from tier 4 to tier 2?


2) My age will be 29 in June 2020, if I apply tier 2 , will I count as new entrant? As I will switch from Tier 4 to Tier 2 even my age is over 26. From Home office Tier 2 guidance it said: note that a tier 2 switch from tier 4 is considered to be a "new entrant' rather than an "experienced worker''

according to Appendix A, “Appropriate salary”, paragraph 79A, table 11CA. https://www.gov.uk/guidance/immigration ... attributes

The applicant is considered to be a “new entrant” due to one of the following:
(i) he is exempt from the Resident Labour Market Test due to the post-study work provisions in paragraph 78B above,
(ii) his Sponsor satisfied the Resident Labour Market Test under the provisions for “new graduate jobs or internships” in the first row of Table 11B above, or
(iii) he was under the age of 26 on the date the application was made
and, in all cases, 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.

You should be considered as new entrant

Thanks, looking forward to your answers.

[slzm900701]

thank you very much， very helpful， truly appreciate it