Help understanding likely outcome and options - SWV/New entrant

[armoniku]

Hi all, I’m in a bit of a panic (having just realized I’ve made an error in this process) and hoping for any insight possible.

I moved to the UK from the US on a student visa March 2021. I switched to the graduate route visa February 2022. I have been employed at a UK company since April 2022. When I joined, I expressed interest in sponsorship and the company began that process.

The company received their sponsor licence November 2023. I had my CoS assigned December 18 2023 (for 3 years). I applied for SWV January 13 2024 and submitted biometrics January 27 2024 (my graduate route expired February 4 2024).

There was one mistake at time of assigning the CoS - it was listed as switching from student to SWV instead of ISC liable. Home office contacted the authorising officer March 5 2024; ISC was paid by employer March 6.

Authorising officer was contacted March 11 for salary confirmation. Employer/myself intended to apply with the new entrant criteria for reduced salary (current salary £24.4k, going rate for role £24.5k, salary minimum £26.2k).

We’ve not heard back yet since adding the sponsor note, however, this morning I was doing some research into timelines and only just realized that the new entrant criteria is only applicable for 4 years. It seems like because of my graduate route visa, I will exceed the new entrant timeline based on the 3 year CoS/SWV.

What is the best way to move forward? My gross, base salary is £30.5k - I’ve opted to work pro-rata at 32 hr pw, rather than 40 hr/pw as is standard at my company.

I’m not opposed to changing my contract to 40 hr/pw to meet the minimum salary threshold. My boss is not opposed to providing a raise so that, on my pro-rata rate, the minimum £26.2k is matched.

What option would be better? I’m extremely nervous about how to rectify this. If my application is denied, and I need to make a new application, will it be within the requirements of the new guidelines? If so, I know I won’t meet the new salary requirements and I’m worried this whole process has been a waste….

[AddyL]

Brother I have a similar problem, I just wanted to ask if you’ve been able to find a solution and how do you go about it.

[armoniku]

Hi, still waiting with no clear solution. My employer agreed to a raise to meet the minimum SWV threshold )£26.2k). Our level 1 user made a note in SMS on Wednesday. Now all that can be done is wait, I guess.

[donitzbz]

Hi, have you got you visa approved at the end? I am facing a similar situation