Immigrationboards.com

NOW WHAT IS THIS PLEASE COMMENT
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

STATEMENT OF CHANGES IN IMMIGRATION RULES
Ordered by the House of Commons to be printed
14 March 2013


The specified documents referred to in paragraph 245CD(j) are:
(a)
For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
(b)
For periods where the applicant was self-employed or in business in the UK, or looking for work or setting up in business in the UK, a personal letter from the applicant detailing the purpose and period of absences in relation to those activities.
(c)
A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons – e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.”

I am sure they dont wana give ILRs anymore...i hope i get it by june 2013,,

Well to be honest it always appeared to be an error to not ask Tier 1 guys for proof when everyone else was asked to submit the same. The move to 180 days everyone was to bring everyone on a level playing field.

They have made the change now so that there is less confusion.

I was prepared with my absence letters etc. But it wasnt a requirement then (11th march) but I guess for future applications everyone needs proof from what I read.

uksettlement wrote:Well to be honest it always appeared to be an error to not ask Tier 1 guys for proof when everyone else was asked to submit the same. The move to 180 days everyone was to bring everyone on a level playing field.

They have made the change now so that there is less confusion.

I was prepared with my absence letters etc. But it wasnt a requirement then (11th march) but I guess for future applications everyone needs proof from what I read.

Well, not really. "Everyone else" is just Tier 2, which includes sponsored workers tied to a particular employer (and therefore it's logical to ask them for the reason of absences). All other categories (investors, self employed, innovators, entrepreneurs, exceptional talent etc) don't have to justify their absences. Thus, Tier 1 General is a really special category among all other Tier 1s. What was wrong with 180 days rule? Why do I have to prove that, say, 5 days of absences over 5 years were for "employment-related" reason? This is especially unfair on people who cannot produce such letters from previous employers, for whatever reason.

I fully aggree. It is completely unreasonable to demand this letter for the people who are absent for very few days say 10 to 20 days in 5 years.

Sometime employer misuse their position due to such rules.

I reckon the reason for this change is to address current Tier 1 General ILR applicants, who were previously on one of the lower categories (eg. tier 2, WP, etc) in the earlier part of their 5 year qualifying period........I dont believe they expect such evidence for applicants whose 5 years qualifying period is under HSMP + Tier 1 General.

When reading the new paragraph 245AAA(c), note that Tier 1 General is in fact a "highly skilled migrant".....so I think the evidence specified in the new paragraph 245CD-SD is only relevant if you were on a WP or lower tier at an earlier point in your 5 year qualifying period (as per the new 245AAA(c).)