dilip_gem wrote:(b) Except for periods when the applicant
had leave as a Tier 1 (General) Migrant, a
Tier 1 (Investor) Migrant, a Tier 1 (Ent
repreneur) Migrant, a Tier 1 (Exceptional
Talent) Migrant, a highly skilled migrant,
a Businessperson, an Innovator, an Investor,
a self-employed lawyer or a writer, composer
or artist... the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.
(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant’s basis of stay here, including paid annual leave, or for serious or compelling reasons.”
see the bold letters.. It doesn't apply for the period applicants who were on Tier1 & high skilled migrant category. So please understand this before pressing the PANIC BUTTON. Lets not create confusion here. Some people read on forums and prepare their documentation for visa. and in many cases people carry unnecessary documents (just because one of two people suggest you to carry it- example P60/P45 etc).. These documents are really NOT mandatory. If you have salary slips with NI/Tax Ref numbers that should suffice. Same applies here.. Lets not jump the gun and confuse & disappoint everyone. Thanks for your understanding..
Regards,
Gem
I can understand/see why people are divided in their interpretation/understanding of the changes to the rules in this topic. I however do believe that the intention and purpose of the statement of changes are for Tier 1 applicants. The wording may not be the best. But if you read the following point alone, you will see that this is only something that could be intended for a Tier 1 applicant. The reason being, T2 employer sponsored migrants would not be self-employed or setting-up businesses. They would be in paid permanent employment.
"(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.". There are 3 points under 245CD-SD, which cater towards confirming absences that would apply to both T1 & T2 migrants. I.e. absences (business or annual leave) for those who are in permanent employment - E.g. T1 or T2, absences for those who are self-employed - E.g. T1 only, absences that were due to serious or compelling compassionate reasons - E.g. T1 or T2.
When reading the statement of changes along with the current immigration rules, I urge you to read all points under the rules applicable, so that you don't lose context. Sometimes when you read one piece of information on its own, the meaning can change. The following should all be read to understand the T1G changes for ILR.
245AAA a), b) & c).
245CD - all points from a) to j).
(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA
245CD-SD - Here read points sub-points a) to c) which apply to 245CD(j).
245CD-SD Specified documents
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. - Could apply to either T1 or T2 Migrants.
(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. - Can only apply to T1 Migrants - therefore there would be no point in including this here if as you say it were not applicable to T1 Migrants according to 245AAA.
(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. - Could apply to T1 or T2 Migrants.