What is a New Entrant Skilled Worker?
The definition of new entrant for the skilled worker visa
Sponsorship Licence lawyers would be the first to concede that the Home Office has not made the immigration rules on applying for a sponsor licence to sponsor skilled migrant workers and the eligibility criteria for the skilled worker visa the easiest to understand. It is confusing whether you are a busy HR professional or a start-up business owner who doesn’t have the support of administrative or HR services but needs to recruit a highly skilled worker from overseas. One of the most common skilled worker visa phrases that Sponsorship Licence lawyers get asked questions about is the ‘new entrant’ so in this article our business immigration lawyers take a look at what ‘new entrant’ means.
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For advice on applying for or renewing your sponsor licence or sponsoring a new entrant skilled worker call the expert London Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.
The new entrant
In an age of anti-age discrimination, it is probably politically incorrect to call a new entrant skilled worker visa applicant a ‘youngster’ but the new entrant criteria for skilled worker visa applicants is designed for those new to employment. Given that age restriction is one criteria for a worker to qualify as a new entrant it isn’t surprising that sponsoring employers think of the new entrant category as reserved for the young applicant who is either skilled or has the potential to become skilled in the job you are recruiting to fill.
The official Home Office definition of a skilled worker visa applicant who is a ‘new entrant’ is a person who meets ONE or more of the following eligibility criteria:
- The skilled worker visa applicant is under the age of twenty-six on the day they submit their work visa application to the Home Office and is applying for a three year (or less) skilled worker visa.
- The skilled worker visa applicant is being sponsored by a sponsoring employer for a post-doctoral position in one of a specified number of jobs.
- The skilled worker visa applicant is working towards a recognised professional qualification in a UK regulated profession.
- The skilled worker visa applicant is working towards chartered status or full registration with the relevant professional body for the role that their sponsoring employer is recruiting to fill.
- The skilled worker visa applicant is switching from a Tier 1 (Graduate Entrepreneur) visa.
- The skilled worker visa applicant was in the UK on the student visa provided that one of a number of additional eligibility criteria are met.
Moving from student visa holder to new entrant on a skilled worker visa
If the skilled worker visa applicant’s most recent UK visa was the Tier 4 (General) or student visa then to qualify as a new entrant the skilled worker visa applicant must also:
- Have been on the student visa and it expired less than two years before the date of skilled worker visa application.
- The student visa must have been issued to enable the student to study for either a UK bachelor or master degree, a UK PhD or other doctoral qualification, a postgraduate certificate in education or a professional graduate diploma of education and
- The skilled worker visa applicant must have completed (or be applying no more than three months before they are going to complete their course) unless the student is relying on a PhD or other doctoral qualifications, in which case, the skilled worker visa applicant must have completed at least twelve months of study in the UK towards their qualification.
Does it matter if a skilled worker visa applicant is a new entrant or not?
It does matter if a skilled worker visa applicant is classed as a new entrant or not. The main advantage for the sponsoring employer holding a sponsor licence is that the minimum salary threshold for the skilled worker visa holder can be up to thirty percent lower than for a skilled worker visa applicant who does not meet the eligibility criteria for a new entrant. However, even if your job applicant meets the new entrant criteria, Sponsorship Licence lawyers say that your skilled worker visa applicant must still be recruited to fill a job on the standard occupation code and must be paid a minimum of £20,480 gross per year or more.
If you are looking for more flexibility and your overseas job applicant is an international student on a UK student visa then the graduate visa may be the best work visa option for you and your potential recruit.
UK Online and London Based Sponsorship Licence Lawyers and Immigration Solicitors
For advice on obtaining a sponsor licence or recruiting skilled worker visa holders get expert immigration law and employment law legal advice from the Sponsorship Licence lawyers at OTS Solicitors on 0203 959 9123 or contact us online.