CoS query - switching from Student route to Skilled worker route

Hello,

I was issued a certificate of sponsorship today.
The employer put me down as not a new entrant.

They argued that I am not a new entrant as I have been working those 20 hours and hence not considered a new entrant to the labour market.

I am currently in the UK as a PhD student (27y/o) and in the final year of my course (well over the required 12 months).
I have been working part-time (20 hours per week) during the course of my degree.

As per the current .gov caseworker guidance, I can see as per page 39 point number 6 I should be classified as a new entrant.

My two questions are there:

1. Am I officially classified as a new entrant or not?
2. Does it matter for the application if I fulfil the points as a skilled worker in a short occupation (pg 24 option D).

I have linked the government skilled worker caseworker guidance below.
https://assets.publishing.service.gov.u ... 2.0ext.pdf

I would greatly appreciate any advice.

murureddy94 wrote: ↑

Fri Aug 13, 2021 4:01 pm

I was issued a certificate of sponsorship today. The employer put me down as not a new entrant.

Doesn't the CoS just state that your are switching from T4 to SW?

murureddy94 wrote: ↑

Fri Aug 13, 2021 4:01 pm

They argued that I am not a new entrant as I have been working those 20 hours and hence not considered a new entrant to the labour market.

As you are switching from T4 to SW you are a new entrant according to the guidance you referenced, this is not up to the employer to decide. Your 20 hr/week work as a student is irrelevant

murureddy94 wrote: ↑

Fri Aug 13, 2021 4:01 pm

2. Does it matter for the application if I fulfil the points as a skilled worker in a short occupation (pg 24 option D).

No, assuming salary is not an issue between you and the employer. The rules only prescribe the minima.

manci wrote: ↑

Sat Aug 14, 2021 7:46 pm

Doesn't the CoS just state that your are switching from T4 to SW?

manci wrote: ↑

Sat Aug 14, 2021 7:46 pm

No, assuming salary is not an issue between you and the employer. The rules only prescribe the minima.

Thank you for your advice.

No - it does not. However, it does mention: Skilled Worker (Switching immigration category).
However in the section of 'Migrant's employment' for the question 'New Entrant?' they put No.

As mentioned before I meet the points conditions without the need to be classed as a new entrant.

Would this be an issue for my application?

manci wrote: ↑

Sat Aug 14, 2021 7:46 pm

Doesn't the CoS just state that your are switching from T4 to SW?

They have also not stipulated that I have been here on a PhD student visa for over 12m.
I'm sure, of course, the Home office will have this in their immigration record.

However, will this be an issue as I am applying from within the UK?

murureddy94 wrote: ↑

Sun Aug 15, 2021 10:00 am

However in the section of 'Migrant's employment' for the question 'New Entrant?' they put No.

manci wrote: ↑

Sat Aug 14, 2021 7:46 pm

They argued that I am not a new entrant as I have been working those 20 hours and hence not considered a new entrant to the labour market.

If you meet the salary requirements without being categorised as a new entrant I doubt if there will be any issue with the visa or that the CoS would be invalidated. However it would be preferable to correct the CoS which can be done with a sponsor note.

The Level 1 user who assigned your CoS is supposed to be familiar with the rules and guidances.

manci wrote: ↑

Sun Aug 15, 2021 4:08 pm

If you meet the salary requirements without being categorised as a new entrant I doubt if there will be any issue with the visa or that the CoS would be invalidated. However it would be preferable to correct the CoS which can be done with a sponsor note.

I will request my employer to this effect, and cite the documentation which I have referenced to in the original post.
Though, I'm not sure how effective it would be.

I can additionally get a status/proof of registration from my university and provide it to the UKVI as supporting evidence?
Would this be advisable?

manci wrote: ↑

Sun Aug 15, 2021 4:08 pm

The Level 1 user who assigned your CoS is supposed to be familiar with the rules and guidances.

One would have hoped.

Just as information for others - I cited the information and documentation as I noted in previous posts to my employer.
They added a note of amendment to my CoS, as my request, although they said:

"We do still believe that you are not a new entrant, however for your satisfaction, we will amend this."

At least it was done in the end!