I fundamentally agree. Note that point b) i & ii do not apply to Tier 1 G Migrants based on whats stated above. There still appears to be a disconnect in some of the rules themselves and what the SET(O) form asks.Bildor wrote:Please correct me if i am wrong but doesnt this mean that for Tier 1 Gerneral, as long as your absence does not exceed 180 days in any calender year, continuous 5yr period is not broken (a) ; and absence does not have to be consistent with purpose for being in the UK (b)
(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) 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:
(i) 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; and
(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.
For example under the Tier 1 General Migrant section of the rules it states the following:
(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA, where the absence was due to a serious or compelling reason. (But if what is stated in point b) i & ii under 245AAA doesn't apply to T1 G Migrants then this evidence would not be required!)
245CD-SD Specified documents
The specified documents referred to in paragraph 245CD(j) are:
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.
Independent to the above the SET(O) form still asks the following question, which now really appear to be irrelevant based on the latest immigration rule changes. So unless I've missed something, there certainly appears to be a disconnect between Immigration Rules & Application form.
D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period: