Navigating the New Entrant Rules for Skilled Worker Visas: What Employers and Applicants Need to Know

The Skilled Worker visa, formerly known as the Tier 2 General visa, is one of the most common routes for non-UK citizens to work in the United Kingdom. Recently, however, the UK immigration system has seen various changes, particularly to the minimum salary thresholds to sponsor workers under this route. This has created some concern among young individuals looking to apply for a Skilled Worker Visa.

This blog clarifies what the “New Entrant” rules mean for both employers and applicants, how they impact the Skilled Worker visa process, and the opportunities they provide for certain applicants.

What are the New Entrant Rules?

The New Entrant rules allow for a reduced salary threshold, typically set at 70% of the usual requirement for Skilled Worker visas. This concession is designed to attract younger workers and recent graduates to the UK workforce. With this lower threshold, it becomes easier for applicants to qualify for a visa and for employers to sponsor early-career talent.

Who Qualifies as a New Entrant?

To be classified as a New Entrant, you must meet one or more of the following criteria.

• • • You must be under 26 years old on the date of application.
    • The job you are being sponsored for is a postdoctoral position in a specified occupation code.
    • The job you are being sponsored for is in a UK Regulated profession, and you are working towards a recognised professional qualification for that profession.
    • You are working towards full registration or chartered status with a relevant professional body for the role at which you are being sponsored.
    • You are holding, or you have previously held, a Student visa in a recognised qualification.
    • You are holding, or you have previously held, a Graduate visa.

Important Considerations for New Entrants

While the New Entrant rules offer a lower salary threshold, there are several crucial considerations for both employers and applicants.

• • • You can only be classified as a New Entrant for a maximum of four years. This includes the time spent on your Graduate visa, which counts towards the four-year period. After this, you will be required to meet the general salary threshold, currently set at a minimum of £38,700 per annum.
    • If your Certificate of Sponsorship was issued before the rule changes on 4 April 2024, you will be subject to the previous salary threshold for any extensions or applications for settlement. For New Entrants, this provides some flexibility, but after the four-year limit, the general salary threshold applies.

Responsibilities for Employers

Employers sponsoring a New Entrant under the Skilled Worker visa must still comply with the same regulations as other sponsors. Employers must issue a valid Certificate of Sponsorship, ensuring that the role meets the reduced salary threshold during the New Entrant period, and maintain accurate records and report changes in the employee's status to UKVI. Compliance is critical to maintain sponsorship licenses and avoid penalties.

The New Entrant rules for the Skilled Worker visa offer a significant opportunity for young talent and early-career professionals to enter the UK workforce with a lower salary threshold. However, it's crucial to understand the four-year limit and the transition to the general salary threshold after that period. Employers and applicants must maintain compliance with these rules to avoid facing Home Office revocation or suspension action, which could in turn affect the immigration statuses of the employees who are being sponsored.

If you require any guidance on the New Entrant rules, the Skilled Worker visa process, or advice on meeting salary thresholds, our experienced legal team is here to help. Contact us today for personalised advice and support.

Need to know more? 

For further information on UK immigration law and updates related to Skilled Worker visas, please contact Associate Huma Malik at [email protected].  

This blog was published on 18 June 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.