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

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

Post by mengo » Fri Dec 08, 2017 12:29 am

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

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makky86
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by makky86 » Fri Dec 08, 2017 9:19 am

mengo wrote:
Fri Dec 08, 2017 12:29 am
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.
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by CR001 » Fri Dec 08, 2017 10:05 am

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

uk-tier-1-general-visas/ilr-through-tie ... l#p1571196
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by Camilla C » Fri Dec 08, 2017 2:50 pm

AM I DREAMING?
:shock: :arrow: :D
thank God!!!

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

Post by desiwanderlust » Fri Dec 08, 2017 3:17 pm

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!

:D

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

Post by secret.simon » Fri Dec 08, 2017 4:12 pm

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.
U.K. Doubles ‘Exceptional Talent’ Visas for Non-EU Residents wrote: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.
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by lanrezy » Mon Dec 11, 2017 11:44 am

CR001 wrote:
Fri Dec 08, 2017 10:05 am
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

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

Post by makky86 » Mon Dec 11, 2017 11:52 am

lanrezy wrote:
Mon Dec 11, 2017 11:44 am
CR001 wrote:
Fri Dec 08, 2017 10:05 am
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.
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by CR001 » Mon Dec 11, 2017 11:55 am

makky86 wrote:
Mon Dec 11, 2017 11:52 am
lanrezy wrote:
Mon Dec 11, 2017 11:44 am
CR001 wrote:
Fri Dec 08, 2017 10:05 am
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.
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by srivisaN » Mon Dec 11, 2017 1:54 pm

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

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

Post by makky86 » Mon Dec 11, 2017 2:14 pm

srivisaN wrote:
Mon Dec 11, 2017 1:54 pm
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.
II Youths a stuff neve endures II

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

Post by newjoiner86 » Mon Dec 11, 2017 3:12 pm

mengo wrote:
Fri Dec 08, 2017 12:29 am
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
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Re: Great News: 60 days unemployed period (245AAA(b)) removed from new rules

Post by mengo » Tue Dec 12, 2017 9:22 am

newjoiner86 wrote:
Mon Dec 11, 2017 3:12 pm
mengo wrote:
Fri Dec 08, 2017 12:29 am
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.

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

Post by kdhs114 » Tue Dec 12, 2017 9:42 am

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

Post by newjoiner86 » Tue Dec 12, 2017 10:22 am

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

Cheers

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

Post by mengo » Thu Jan 11, 2018 4:48 pm

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

Post by Camilla C » Thu Jan 25, 2018 4:52 pm

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

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

Post by marcnath » Fri Jan 26, 2018 2:29 am

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 :-)
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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

Post by kdhs114 » Fri Jan 26, 2018 9:01 am

Camilla C wrote:
Thu Jan 25, 2018 4:52 pm
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.

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

Post by CR001 » Fri Jan 26, 2018 9:44 am

kdhs114 wrote:
Fri Jan 26, 2018 9:01 am
Camilla C wrote:
Thu Jan 25, 2018 4:52 pm
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/
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