Tier 2 Gen - Employer Switching!

[Rizahidam77]

Honorable Board Members,

I am writing for my cousin who had switched into Tier 2 Gen from Tier 4 after being graduated in end of February 2013. The Employer had issued him 1 year certificate out of witch 7 months are passed. As a fresh graduate he was given 24K salary band to meet the codes of practice requirement at that time.

Now for some reasons, he wants to switch the sponsor immediately within the same job and same salary band of 24K. But the codes of practice for the same job have been amended in October which categorized the same salary band as New Entrants = 21K and Experienced = 27K.

We are very confused for two things:
1. Whether he can still be treated a New Entrant after being 7 months on Tier 2 Gen since graduated here?

2. Whether he can continue his previous band of 24K into his fresh employer switching application under Tier 2 Gen?

I will be really grateful for your kind advise.

Kind Regards

[maxoizs]

7 months count as experience, I guess after 1 year you'd be the CEO , anyway I don't think so.
for the T4 to switch into T2, you needed to meet the minimum, I don't know what applies on T2 switching jobs, but since you are within the range I don't think there are problems. plus counted as sinor you must be at least 3~5 years in the field

[manci]

1, no
2. his minimum salary has to be as stated for experienced workers in the codes of practice for his job SOC code

[Rizahidam77]

1, no
2. his minimum salary has to be as stated for experienced workers in the codes of practice for his job SOC code

Hi Manci,
I appreciate your answer above but I am still unable to understand about this point as UKBA hasn't clearly mention that the change of employer under Tier 2 Visa will attract the experienced salary mentioned into updated SOC for the same job. They 've mentioned into tier 2 policy guide (10/2013) clause 68, that "The job does not need to be at NQF 6 if you're already in the UK and were intially granted leave in one of following categories:

1.Tier 2 (Gen) and
2. not since been granted leave to remain, enter in any other route, AND You are applying for the same job for EITHER THE SAME OR DIFFERENT SPONSOR.

However, my cousin was already on NQF 6 so in the change of employer he needs to maintain the NQF 6 standard but should he maintain the experienced band of wages, why not whatever he is getting with the previous employer i.e 24K? Is there any stated threshold of period to call someone as experienced?

Can you kindly advise whether the above clause is relevant if we carry on the same wages onto new employer CoS instead of using raised experienced code of the same SOC Code?

Or it will be much appreciated if I can get a clue where it is mentioned that the new code has to be followed into change of employer tier 2 application whilst the employee is a graduate and hardly worked 8 months on tier 2?

Thanks you very much.

[Rizahidam77]

1, no
2. his minimum salary has to be as stated for experienced workers in the codes of practice for his job SOC code

Hi Manci,
I appreciate your answer above but I am still unable to understand about this point as UKBA hasn't clearly mention that the change of employer under Tier 2 Visa will attract the experienced salary mentioned into updated SOC for the same job. They 've mentioned into tier 2 policy guide (10/2013) clause 68, that "The job does not need to be at NQF 6 if you're already in the UK and were intially granted leave in one of following categories:

1.Tier 2 (Gen) and
2. not since been granted leave to remain, enter in any other route, AND You are applying for the same job for EITHER THE SAME OR DIFFERENT SPONSOR.

However, my cousin was already on NQF 6 so in the change of employer he needs to maintain the NQF 6 standard but should he maintain the experienced band of wages, why not whatever he is getting with the previous employer i.e 24K? Is there any stated threshold of period to call someone as experienced?

Can you kindly advise whether the above clause is relevant if we carry on the same wages onto new employer CoS instead of using raised experienced code of the same SOC Code?

Or it will be much appreciated if I can get a clue where it is mentioned that the new code has to be followed into change of employer tier 2 application whilst the employee is a graduate and hardly worked 8 months on tier 2?

Thanks you very much.

[manci]

This is the text from para 14(d) of Appenix J to the Immigration Rules:
http://www.ukba.homeoffice.gov.uk/polic ... appendixj/

(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.

The "experienced worker" rate will apply in all other cases

Your cousin can only switch with the "new entrant" salary if he is under 26 at the time he applies.