Great News: 60 days unemployed period (245AAA(b)) removed from new rules

[mengo]

Dear members,

Many members suffered ILR rejection due to more than 60 days of unemployment during Tier 2 visa, specifically with respect to paragraph 245AAA(b) which was unfair application of the rules. Now it is over. Home Office removed that paragraph and I guess whoever is rejected due to this reason can theoretically make fresh application or vary their litigation to get ILR. Statement of changes to the immigration rules which was published today, states that:

"7.23. An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement. The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment."

"6A.4 Delete paragraph 245AAA(b)."

As I understood changes will take effect from 10th January 2018.

"The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018."

Link: https://www.gov.uk/government/publicati ... ember-2017

[makky86]

Dear members,

Many members suffered ILR rejection due to more than 60 days of unemployment during Tier 2 visa, specifically with respect to paragraph 245AAA(b) which was unfair application of the rules. Now it is over. Home Office removed that paragraph and I guess whoever is rejected due to this reason can theoretically make fresh application or vary their litigation to get ILR. Statement of changes to the immigration rules which was published today, states that:

"7.23. An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement. The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment."

"6A.4 Delete paragraph 245AAA(b)."

As I understood changes will take effect from 10th January 2018.

"The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018."

Link: https://www.gov.uk/government/publicati ... ember-2017

WOW such an amazing news ! Thanks for sharing.

[CR001]

Another blow for PBS dependents though with reinstatement of absence limits.

uk-tier-1-general-visas/ilr-through-tie ... l#p1571196

[Camilla C]

AM I DREAMING?

thank God!!!

[desiwanderlust]

Amazing news - very happy to hear of this 60 day period being taken away. I'm in a similar position and hopefully, I can take a nice 2-3 week holiday before starting my new job!

[secret.simon]

Unsurprising. With EEA workers either no longer coming to the UK or leaving the UK, the UK is likely to relax the rules for skilled non-EEA workers to attract talent.

Leaders in science, research, technology and the arts will also be able to apply for settled status in the U.K. after three years, immigration minister Brandon Lewis said in a written statement to Parliament on Thursday. Rules for entrepreneurs, international students and researchers will be made simpler.

This also dovetails with the evidence that the Commons Home Affairs Committee is receiving on public attitude towards immigration. Broadly, the public attitude is welcoming towards workers and students, but is not so amenable to those who claim benefits.

However, given the government's ambition of reducing immigration to "the tens of thousands", expect rules for people in the UK on non-work visas (generally family members) to become tougher. So, you gain some, but you will lose some as well.

[lanrezy]

Another blow for PBS dependents though with reinstatement of absence limits.

uk-tier-1-general-visas/ilr-through-tie ... l#p1571196

Hi,

Thanks for the info. Is there any clarification yet on the difference in days between Visa Issue Date and Entry date as part of absence for PBS dependant.

Cheers

[makky86]

Another blow for PBS dependents though with reinstatement of absence limits.

uk-tier-1-general-visas/ilr-through-tie ... l#p1571196

Hi,

Thanks for the info. Is there any clarification yet on the difference in days between Visa Issue Date and Entry date as part of absence for PBS dependant.

Cheers

It will apply for the pbs dependants from 1st Jan 2018.

[CR001]

Another blow for PBS dependents though with reinstatement of absence limits.

uk-tier-1-general-visas/ilr-through-tie ... l#p1571196

Hi,

Thanks for the info. Is there any clarification yet on the difference in days between Visa Issue Date and Entry date as part of absence for PBS dependant.

Cheers

It will apply for the pbs dependants from 1st Jan 2018.

It is the 11th of January re PBS absence limits but there is no change to the 5 years residence requirement as far as I can see, which is what the poster is asking about.

[srivisaN]

Hi,

So from January 2018 onwards whoever as a PBS Dependent apply for ILR (5 year route) need to have less than 180 days absences in each year(5 years backwards till 2013) ?

Also can anyone clarify what is the meaning of below lines in the new rules, are they talking about counting of absences start only after January 2018, eg., if some one applying for ILR in 2019 January cannot have more than 180 days absences in Jan2018-Jan2019 but still can have absences from Jan2014-Jan2018 (each year) ?

To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.

Thanks,
Srivisan

[makky86]

Hi,

So from January 2018 onwards whoever as a PBS Dependent apply for ILR (5 year route) need to have less than 180 days absences in each year(5 years backwards till 2013) ?

Also can anyone clarify what is the meaning of below lines in the new rules, are they talking about counting of absences start only after January 2018, eg., if some one applying for ILR in 2019 January cannot have more than 180 days absences in Jan2018-Jan2019 but still can have absences from Jan2014-Jan2018 (each year) ?

To ensure that this requirement does not have retrospective effect, only absences from the UK during periods of leave granted under the rules in place from 11 January 2018 will count towards the 180 days.

Thanks,
Srivisan

It means that this will not apply any PBS dependant visa issues in past. Anyone who pbs visa issues before 11th Jan 2018 will not be subject to 180 days absense rule.

[newjoiner86]

Dear members,

Many members suffered ILR rejection due to more than 60 days of unemployment during Tier 2 visa, specifically with respect to paragraph 245AAA(b) which was unfair application of the rules. Now it is over. Home Office removed that paragraph and I guess whoever is rejected due to this reason can theoretically make fresh application or vary their litigation to get ILR. Statement of changes to the immigration rules which was published today, states that:

"7.23. An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement. The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment."

"6A.4 Delete paragraph 245AAA(b)."

As I understood changes will take effect from 10th January 2018.

"The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018."

Link: https://www.gov.uk/government/publicati ... ember-2017

Great news. Just a little confused on the below part:

"However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018"

Does this mean that any applicant who applies for ILR post 11th January 2018 but their last Certificate of Sponsorship was issued in prior years, would still be assessed using the old rules? Or am I missing something here?

[mengo]

Dear members,

Many members suffered ILR rejection due to more than 60 days of unemployment during Tier 2 visa, specifically with respect to paragraph 245AAA(b) which was unfair application of the rules. Now it is over. Home Office removed that paragraph and I guess whoever is rejected due to this reason can theoretically make fresh application or vary their litigation to get ILR. Statement of changes to the immigration rules which was published today, states that:

"7.23. An amendment is being made so that Tier 2 Migrants are no longer required to have been continuously employed throughout the qualifying period to be eligible for settlement. The provision is unnecessary as a Tier 2 migrant who is no longer working for their Sponsor is subject to curtailment."

"6A.4 Delete paragraph 245AAA(b)."

As I understood changes will take effect from 10th January 2018.

"The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of this statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018."

Link: https://www.gov.uk/government/publicati ... ember-2017

Great news. Just a little confused on the below part:

"However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018"

Does this mean that any applicant who applies for ILR post 11th January 2018 but their last Certificate of Sponsorship was issued in prior years, would still be assessed using the old rules? Or am I missing something here?

As I understood, the change related to removal of the paragraph 245AAA(b) is given as 6A.4. That is not among the paragraphs refers to CoS. In the next paragraph of the implementation section it is stated that

"The other changes set out in this statement shall take effect on 11 January 2018.
However, in relation to those changes, if an application has been made for entry
clearance or leave to enter or remain before 11 January 2018, the application will be
decided in accordance with the Immigration Rules in force on 10 January 2018."

As this change is related to "the other changes", any application made for leave to remain (ILR) before 11 January 2018, will be decided in accordance with the old Immigration Rules in force on 10 January 2018.

Therefore, you should be safe if you apply after 10 January 2018 - That is my interpretation.

[kdhs114]

Same here, Given that "The changes to Part 6A set out in paragraphs 6A.22 and 6A.23" - 6A.22 and 6A.23 are related to Tier 2 application, and CoS.

245AAA(b), which is not included there, as it is 6A.3. Which means it is refered as The other changes in the last paragraph in Implementation part. (Shall take effect on 11 January 2018).

Note that it is also my personal interpretation. and in this stage, nothing could be offically confirmed yet.

[newjoiner86]

Awesome. Thank you for the clarification and it definitely makes sense. Best of luck to everyone!

Cheers

[mengo]

Home Office have just updated the rules and as expected 245AAA(b) is removed completely (no provision for old or new CoS - everybody benefits).
https://www.gov.uk/guidance/immigratio ... sed-system

[Camilla C]

today I got my ILR approved following removal of 245AAA(b)

[marcnath]

It is definitely good news that the 60 day limit is removed.

However, the explanatory note mentioned that the removal was because those who are not working are subject to curtailment.

So, I expect HO to be much more quicker in curtailing the existing Visa once you stop working with the existing sponsor.

So, taking a 1-1.5 months holiday between jobs may not be possible still

[kdhs114]

today I got my ILR approved following removal of 245AAA(b)

Congrats, Camilla.

If you can share your situation, and also the process you took for ILR application, it would be very helpful in this forum.

[CR001]

today I got my ILR approved following removal of 245AAA(b)

Congrats, Camilla.

If you can share your situation, and also the process you took for ILR application, it would be very helpful in this forum.

To avoid another long running discussion on the users circumstances in this thread, please do read the users previous posts.

member/Camilla%20C/posts/

[Logan82]

today I got my ILR approved following removal of 245AAA(b)

Congrats, Camilla.

If you can share your situation, and also the process you took for ILR application, it would be very helpful in this forum.

To avoid another long running discussion on the users circumstances in this thread, please do read the users previous posts.

member/Camilla%20C/posts/

Hi CR001

The Link says "Sorry but you are not permitted to use the search system."

[CR001]

today I got my ILR approved following removal of 245AAA(b)

Congrats, Camilla.

If you can share your situation, and also the process you took for ILR application, it would be very helpful in this forum.

To avoid another long running discussion on the users circumstances in this thread, please do read the users previous posts.

member/Camilla%20C/posts/

Hi CR001

The Link says "Sorry but you are not permitted to use the search system."

indefinite-leave-to-remain/ilr-approval ... l#p1568316

indefinite-leave-to-remain/foreseeable- ... l#p1588196

[bojie]

today I got my ILR approved following removal of 245AAA(b)

Congrats, Camilla.

If you can share your situation, and also the process you took for ILR application, it would be very helpful in this forum.

To avoid another long running discussion on the users circumstances in this thread, please do read the users previous posts.

member/Camilla%20C/posts/

Is this removed 60 days policy only applicable for EU citizens? How about non-EU citizen?

Thanks!

[CR001]

today I got my ILR approved following removal of 245AAA(b)

Congrats, Camilla.

If you can share your situation, and also the process you took for ILR application, it would be very helpful in this forum.

To avoid another long running discussion on the users circumstances in this thread, please do read the users previous posts.

member/Camilla%20C/posts/

Is this removed 60 days policy only applicable for EU citizens? How about non-EU citizen?

It is for NON EU citizens on the UK immigration route not the EEA/EU route.

[twcbbr]

So.I have a question related to 60 days period. Is this 60 days counted from last day with old sponsor and start date with new sponsor? Or any other dates like visa applied date, BRP card issue date, cos date?
My scenario:
22 dec 2015 was last date and joining date with new sponsor is 07-March-2016. So I have more than 60 days gap. I got my BRP with issue date as 15-Feb-2016. COS assigned on 28-Jan-2016
Does anyone have idea?
Thanks for suggestions