Understanding the New Entrant Salary requirement for Skilled Worker Visas

Understanding the New Entrant Salary requirement for Skilled Worker Visas

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Before we delve into the specific salary requirements for a new entrant skilled worker, it's crucial to establish a clear understanding of who qualifies as a 'new entrant' under the skilled worker visa route as defined by the UK's Immigration Rules, particularly within Appendix Skilled Worker. The concept of a 'new entrant' is designed to facilitate the entry of recent graduates and younger professionals into the UK workforce by offering more flexible salary thresholds compared to experienced workers seeking a skilled worker visa.



It's important to note that meeting one of these conditions alone does not automatically guarantee eligibility for the reduced salary requirements for a new entrant skilled worker. Applicants must still satisfy all other criteria for the skilled worker visa, including having a job offer from a licensed sponsor, the job being at the required skill level (SOC code level 4 or above), and the sponsor assigning a valid Certificate of Sponsorship (CoS).

Understanding the New Entrant Definition for Skilled Worker Visas

According to the Immigration Rules, an applicant may be considered a 'new entrant' for a new entrant skilled worker visa if they meet one or more of the following conditions at the date of their application for a skilled worker visa:

• Being under the age of 26: If an applicant is under the age of 26 at the time of application, they may qualify as a new entrant skilled worker, provided they also meet other relevant eligibility criteria for the skilled worker visa. This age-based criterion aims to attract younger talent to the UK workforce early in their careers via the skilled worker visa new entrant route.
  
  


• Holding a relevant postgraduate qualification: Applicants who hold a PhD level qualification or a Regulated Qualifications Framework (RQF) level 7 qualification in a subject relevant to the job they are being sponsored for may also be considered new entrant skilled workers. This recognizes the value of advanced academic qualifications in specific fields for a skilled worker visa. The relevance of the qualification to the sponsored role is a key consideration under the Immigration Rules for a new entrant skilled worker.
  
  


• Having recently completed a period of study in the UK: Individuals who have most recently been granted leave to remain as a Student or a Graduate and are applying for a skilled worker visa may also qualify as new entrant skilled workers. This provision aims to facilitate the transition of international students and graduates into skilled employment in the UK upon completion of their studies, utilizing the UK graduate visa salary provisions when switching. The rules typically specify a timeframe within which the skilled worker visa application must be made following the expiry of the Student or Graduate visa for a new entrant skilled worker.
  
  

It's important to note that meeting one of these conditions alone does not automatically guarantee eligibility for the reduced salary requirements for a new entrant skilled worker. Applicants must still satisfy all other criteria for the skilled worker visa, including having a job offer from a licensed sponsor, the job being at the required skill level (SOC code level 4 or above), and the sponsor assigning a valid Certificate of Sponsorship (CoS).

Furthermore, the Immigration Rules may contain specific provisions or limitations regarding the number of times an individual can rely on the 'new entrant' status for a new entrant skilled worker visa. Axis Solicitors can provide detailed advice on whether an applicant meets the definition of a 'new entrant' for the purposes of a skilled worker visa new entrant application.

The Specific Reduced Salary Thresholds for New Entrants

The reduced salary thresholds for a new entrant skilled worker are typically a percentage of the 'going rate' for the specific occupation, as detailed in the Immigration Rules. Additionally, there is often a lower general minimum salary threshold that applies to new entrants, which may be different from the standard minimum salary.

Here's a breakdown of the common categories of new entrants and the potential reduced salary thresholds that may apply under the skilled worker visa new entrant route:

1. Applicants Under the Age of 26:

Individuals who are under the age of 26 at the time of their skilled worker visa application may be eligible for a reduced salary that is typically a certain percentage (e.g., 70% or 80%) of the full 'going rate' for the occupation. However, this reduced salary must still meet a specific minimum salary floor set for this category of new entrant skilled worker. This floor is usually lower than the standard general minimum salary threshold. The exact percentage and minimum floor are subject to the current immigration rules new entrant guidelines.

2. Recent Graduates (Switching from Student or Graduate Visa):

Applicants who are switching from a Student copyright a skilled worker visa, and who are applying within a specified period after their permission to stay as a student or graduate ended, may also be eligible for reduced salary thresholds as a new entrant skilled worker. Similar to the age-based category, this often involves a percentage of the 'going rate' (e.g., 70% or 80%) and a specific minimum salary floor applicable to this group under the UK graduate visa salary provisions and the broader immigration rules new entrant. The specific timeframe for switching and the applicable salary reductions are detailed in Appendix Skilled Worker.

3. Holders of a Relevant PhD or RQF Level 7 Qualification:

Individuals holding a PhD level qualification or an RQF level 7 qualification that is relevant to the job they are being sponsored for may also qualify for reduced salary thresholds as a new entrant skilled worker. This recognizes the advanced skills and knowledge they possess, even if they have limited post-qualification work experience. The reduced salary in these cases is often a set percentage of the 'going rate' (e.g., 80%) and must meet a specific minimum salary floor for this category of new entrant skilled worker. The relevance of the qualification to the sponsored role is a crucial factor assessed under the appendix skilled worker salary guidelines.

It is vital to note that these are general examples, and the precise percentages and minimum salary floors for each category of new entrant skilled worker are subject to change as per updates to the Immigration Rules. Employers sponsoring a new entrant skilled worker and individuals applying under this route must always refer to the most current version of Appendix Skilled Worker and the associated guidance to ascertain the exact salary requirements applicable to their specific circumstances.

Axis Solicitors strongly advises both employers and prospective employees to seek expert legal advice to accurately determine the applicable reduced salary skilled worker thresholds for 'new entrants' in their specific situations.

The Importance of Accurate SOC Code Identification for New Entrant Salaries

The Standard Occupational Classification (SOC) code is a fundamental element in the UK's Skilled Worker Visa system, and its accurate identification is particularly crucial when determining the correct salary for a new entrant skilled worker. The SOC code not only dictates whether a job is eligible for sponsorship under the skilled worker visa route but also forms the basis for the 'going rate' for that occupation, against which the reduced new entrant skilled worker salary thresholds are calculated.

Sponsoring employers bear the responsibility of selecting the most appropriate SOC code that accurately reflects the duties, responsibilities, and skill level of the job being offered. This requires a careful analysis of the job description and a thorough understanding of the SOC code framework provided by the Office for National Statistics (ONS). The Home Office relies on this framework to assess the eligibility of the role under Appendix Skilled Worker and to determine the relevant salary expectations for both standard and new entrant skilled worker applications.

Several factors underscore the importance of accurate SOC code identification in the context of new entrant skilled worker salaries:

• Compliance with Immigration Rules: Offering a salary that does not meet the required threshold based on the correct SOC code can lead to the refusal of the skilled worker visa application. For a new entrant skilled worker, this means ensuring that the reduced salary offered is both a permissible percentage of the correct 'going rate' and above the specific minimum salary floor for new entrants associated with that SOC code.


• Fair Compensation: While the 'new entrant' provisions allow for reduced salaries, employers must still ensure that the compensation offered is fair for the role and the individual's skills and experience, even within the reduced thresholds. Accurate SOC code identification helps in benchmarking the salary against the appropriate industry standards for a skilled worker visa new entrant.


• Sponsor Licence Obligations: Sponsoring employers have a duty to comply with all aspects of the Immigration Rules, including ensuring that sponsored workers are paid appropriately according to the relevant SOC code and the 'new entrant' provisions, if applicable. Incorrect SOC code usage can be viewed as a breach of their sponsor licence conditions.


• Future Visa Extensions and Settlement: When a new entrant skilled worker applies copyright extensions or Indefinite Leave to Remain (ILR) in the future, the salary must meet the prevailing requirements at that time, which are often based on the correct SOC code and may no longer be subject to the 'new entrant' reductions.

To ensure accurate SOC code identification for a new entrant skilled worker role, employers should:

• Thoroughly analyse the job description


• Consult the official SOC code guidance


• Consider seeking expert advice

Axis Solicitors can assist employers in correctly identifying SOC codes for their vacancies and navigating the specific salary requirements for new entrant skilled worker applications under the skilled worker visa framework.

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