Switching to Skilled worker from T5 GAE

Hi,

My employer has assigned a CoS to switch from T5 GAE to Skilled worker visa. The employer selected the category as graduate switching from student visa to skilled worker. I am concerned because I am on a T5 visa and not a T4 visa but I did hold a T4 visa until December 2020 after which I switched to T5. I raised this concern with my employer and I was told that I am a new entrant and so the category is the right one. Will the HO think otherwise? Thank you.

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midhun3197 wrote: ↑

Sat Jul 10, 2021 11:20 am

The employer selected the category as graduate switching from student visa to skilled worker

You are switching from T5 GAE to SW, not from T4 or Student to SW.

Your prospective employer was probably thinking of immigration rule SW 12.2 which is about being considered a new entrant but this doesn't apply to you because your most recent permission is/was T5 GAE, not T4 or Student:

SW 12.2 (f)(i)

(i) the applicant’s most recent permission, other than as a visitor, was as a Student; and
(ii) that permission is either current or expired less than 2 years before the date of application

BTW if you are under 26 you would automatically be a new entrant. Other criteria for being considered a new entrant are in the caseworker guidance p38 onwards:
https://assets.publishing.service.gov.u ... 2.0ext.pdf

manci wrote: ↑

Sat Jul 10, 2021 1:55 pm

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midhun3197 wrote: ↑

Sat Jul 10, 2021 11:20 am

The employer selected the category as graduate switching from student visa to skilled worker

SW 12.2 (f)(i)

(i) the applicant’s most recent permission, other than as a visitor, was as a Student; and
(ii) that permission is either current or expired less than 2 years before the date of application

Thank you manci. I am 25 so would qualify as a new entrant.

I am an industrial placement student on the T5 visa, so will the condition (i) not apply? I am concerned as my employer might not have paid the Immigration skills charge as they have selected the switching from student category.

midhun3197 wrote: ↑

Sat Jul 10, 2021 2:32 pm

I am concerned as my employer might not have paid the Immigration skills charge as they have selected the switching from student category.

Immigration rule SW 12.2 is about new entrants' salary (tradeable points option E) and as being under 26 you will be considered a new entrant in any case this is not relevant to you.

You are right about the ISC. Employers sponsoring those who switch from T4 or Student to SW are exempt from paying it, see https://www.gov.uk/uk-visa-sponsorship- ... lls-charge.

You better raise this issue with the prospective employer again. If they don't pay the ISC when assigning your CoS there may well be problems (both for them and for you) because the HO have a record of your immigration history.