Actually, a very bad news for Tier 1 general holders

Hi Ukswus,

Ooop! my fault just noticed. So are you saying that wether "compelling reason" or not, everyone must provide a letter either from their employers or themselves (If self employed) detailing/explaining any accrued absences outside the UK?

This is B.S. I cant beleive this!

I'm only sharing my opinion and what I think...dont take my word for it

Correct me if I am wrong, but the statement is :

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

It says "period of absences in connection with the employment". Does that not mean that if the absence was not in connection with employment but was for holiday, only point (c) would apply which is a personal letter detailing the absence. As documentary proof I am sure a salary slip for that period should work as all annual leaves are paid.

Also,

what parapgh or page in the statement of changes did you notice the deletion as I cant see anything about this at all. Please advise.

I'm only sharing my opinion and what I think...dont take my word for it

I don't agree that this will impact every Tier 1 General applicant

The following from immigration rules states that 245CD(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.

245AAA from immigration rules- the applicant has been absent from the UK to 180 days or less in any of the five consecutive 12 month periods,

In statement of changes it only refers to delete "where the absence was due to a serious or compelling reason." from 245CD(J) , nothing else was changed and just to add bit more clarity to 245CD-SD specified documents

So it suggests that this new change will only apply to those with more absenses than stated. Don't panic and I am sure that it won't effect who are with in limits.

fomsand1 wrote:Also,

what parapgh or page in the statement of changes did you notice the deletion as I cant see anything about this at all. Please advise.

I'm only sharing my opinion and what I think...dont take my word for it

26. In paragraph 245CD(j), delete “, where the absence was due to a serious or compelling reason”

vrsec666 wrote:I don't agree that this will impact every Tier 1 General applicant

The following from immigration rules states that 245CD(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.

245AAA from immigration rules- the applicant has been absent from the UK to 180 days or less in any of the five consecutive 12 month periods,

In statement of changes it only refers to delete "where the absence was due to a serious or compelling reason." from 245CD(J) , nothing else was changed and just to add bit more clarity to 245CD-SD specified documents

So it suggests that this new change will only apply to those with more absenses than stated. Don't panic and I am sure that it won't effect who are with in limits.

Nothing else was changed, huh? How about this?

28. Delete paragraph 245CD- SD and substitute: “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.
(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 absen
ces 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.”

ukswus wrote:

vrsec666 wrote:I don't agree that this will impact every Tier 1 General applicant

The following from immigration rules states that 245CD(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.

245AAA from immigration rules- the applicant has been absent from the UK to 180 days or less in any of the five consecutive 12 month periods,

In statement of changes it only refers to delete "where the absence was due to a serious or compelling reason." from 245CD(J) , nothing else was changed and just to add bit more clarity to 245CD-SD specified documents

So it suggests that this new change will only apply to those with more absenses than stated. Don't panic and I am sure that it won't effect who are with in limits.

Nothing else was changed, huh? How about this?

28. Delete paragraph 245CD- SD and substitute: “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.
(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 absen
ces 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.”

If nothing else was changed in 245CD(j) , it doesn't matter what changes were made to 245CD- SD as long as applicant is with in absence limits
and the main point here is that 245CD(j) refers to 245AAA and it was not changed so no effect .

vrsec666 wrote:If nothing else was changed in 245CD(j) , it doesn't matter what changes were made to 245CD- SD as long as applicant is with in absence limits

I don't understand your logic. From April, 245CD(J) will look as follows:

(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA.

In paragraph 245 AAA, it will says that

(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."

I have already shown how 245CD-SD has changed. So, I think it's a pretty clear case.

This whole requirement is so silly!

I am applying before the 6th, so hopefully I will be fine. Bur can UKBA justify thier need to have this document, or can we appeal against this requirement.

I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related?

I think we would only get a clear picture after som1 posting thier peo exp on or after 6th of April. I've got my appt on the 18th of April hoping it would eliminate all the doubts by then.

hsmp1412 wrote:I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related?

If you read all 3 points under 245CD-SD, i.e. a), b) & c) you’ll see it covers all types of absences. I.e. employment related absences, including periods of annual leave, absences taken to look for work or set-up a business in the UK, absences taken due to serious or compelling compassionate reasons.

cs95tdg wrote:

hsmp1412 wrote:I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related?

If you read all 3 points under 245CD-SD, i.e. a), b) & c) you’ll see it covers all types of absences. I.e. employment related absences, including periods of annual leave, absences taken to look for work or set-up a business in the UK, absences taken due to serious or compelling compassionate reasons.

The ridiculousness of this situation is that basically the employed people will be penalized relative to the self-employed and not employed, as for the latter 2 groups, self-certification will be sufficient. This just doesn't make any sense whatsoever.

The previous system (180 days over 5 years) was not generous, but at least it was fair and straightforward. Now we have a complete mess.

Guys,

I have already started contacting my previous employers.

Just one clarification, I do not have work related absences but only holidays to india which will be treated as annual leaves.

1. Is it enough if i get a letter from employer confirming only for the days i had gone outside of UK for holiday.

Eg., 3 weeks of Annual leave for trip to India.

Or should i be listing all the 25 annual leaves and confirm them where i was inside and outside of uk.

If it is second, i am into real trouble as i dont have the list.

Please adviuse

Haven't read the detail and don't have an opinion of what the new rules imply.

If it's true that they will start mandating these letters, my guess is that they'll only expect such letters for absences that start on or after 6th April.

Can't see how they can effectively "backdate" a new requirement by up to 5 years - it would be significantly after the event; what if your employer from 5 years ago doesn't even exist any more?

I have to apply for my ILR in Dec/Jan, and there is no chance that I'm going to start asking my former employers for such letters from the past 4+ years.

vrsec666 - I agree with your points above...... and so do two immigration advisers I deal with.....the defining factor about satisfying a continuous 5 year period for ILR is 245AAA (a) and having an "unbroken period with valid leave" which is the 180 day rule.....

According to the below link, a Tier 1 (General) migrant is a highly skilled migrant, http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

(As to why 245CD(c) states both Tier 1 (General) and Highly Skilled Migrant.....this is clearly to cover the transition from HSMP to Tier 1 (General)....but they are both "highly skilled migrants" - a generic term)

So, In reference to 245AAA(c), can someone tell me why, the term "highly skilled migrant" is NOT in reference to HSMP AND/OR the Tier 1 (General) portion of a 5 year qualification period?

And just because the new 245CD-SD a) b) & c) covers all forms of employment and situations, this does not invalidated the above points.

cs95tdg wrote:

hsmp1412 wrote:I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related?

If you read all 3 points under 245CD-SD, i.e. a), b) & c) you’ll see it covers all types of absences. I.e. employment related absences, including periods of annual leave, absences taken to look for work or set-up a business in the UK, absences taken due to serious or compelling compassionate reasons.

Yes, that is right. What I meant is the employer letter point (point a) is applicable only in case of employment related absences and not for holidays while in employment. So basically you don't need any letter from the employer for general visiting-the-family holidays.

docmac80 wrote:vrsec666 - I agree with your points above...... and so do two immigration advisers I deal with.....the defining factor about satisfying a continuous 5 year period for ILR is 245AAA (a) and having an "unbroken period with valid leave" which is the 180 day rule.....

According to the below link, a Tier 1 (General) migrant is a highly skilled migrant, http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

(As to why 245CD(c) states both Tier 1 (General) and Highly Skilled Migrant.....this is clearly to cover the transition from HSMP to Tier 1 (General)....but they are both "highly skilled migrants" - a generic term)

So, In reference to 245AAA(c), can someone tell me why, the term "highly skilled migrant" is NOT in reference to HSMP AND/OR the Tier 1 (General) portion of a 5 year qualification period?

And just because the new 245CD-SD a) b) & c) covers all forms of employment and situations, this does not invalidated the above points.

This is getting tiring.. just check the SET(O) form, there is a clear distinction between highly skilled and Tier 1 general migrant. Just take a look at the first page, for example:

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

Or look at page 9 of that form, if it's still not clear.

hsmp1412 wrote:

cs95tdg wrote:

hsmp1412 wrote:I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related?

If you read all 3 points under 245CD-SD, i.e. a), b) & c) you’ll see it covers all types of absences. I.e. employment related absences, including periods of annual leave, absences taken to look for work or set-up a business in the UK, absences taken due to serious or compelling compassionate reasons.

Yes, that is right. What I meant is the employer letter point (point a) is applicable only in case of employment related absences and not for holidays while in employment.

Annual leave refers to absences taken while in employment... Read point a) again carefully...
(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.

cs95tdg wrote:

hsmp1412 wrote:

cs95tdg wrote:

hsmp1412 wrote:I agree with ukswus - the changes will affect all T1 (G) applicants but as mentioned in my post above is not applicable only if the absence was employment related?

If you read all 3 points under 245CD-SD, i.e. a), b) & c) you’ll see it covers all types of absences. I.e. employment related absences, including periods of annual leave, absences taken to look for work or set-up a business in the UK, absences taken due to serious or compelling compassionate reasons.

Yes, that is right. What I meant is the employer letter point (point a) is applicable only in case of employment related absences and not for holidays while in employment.

Annual leave refers to absences taken while in employment... Read point a) again carefully...
(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.

Silly question but the holidays in discussions are where applicant left UK rather than ALL holidays including ones when applicant was present in UK!? Thanks.

abc111 wrote:Silly question but the holidays in discussions are where applicant left UK rather than ALL holidays including ones when applicant was present in UK?

Yes, thats correct. In this particular instance, any annual leave related absences from the UK are what you need to get confirmed. Any holiday you took in the UK, are irrelevant.

cs95tdg wrote:

abc111 wrote:Silly question but the holidays in discussions are where applicant left UK rather than ALL holidays including ones when applicant was present in UK?

Yes, thats correct. In this particular instance, any annual leave related absences from the UK are what you need to get confirmed. Any holiday you took in the UK, are irrelevant.

Thanks. Just one more question in past when I took holidays for example for 3 weeks, took them to visit my country but out of those 3 weeks I spent few days within UK, what shoud I do? Should I take the letter out by telling previous HR what days I left UK and came back and what time period I was within UK?

Thanks.

Hi All,

I am going to apply ILR in person at Croydon PEO on 25th March. Currently i am on Tier1G visa and over all i was 79 days away from UK.

Will this new rules effect to me as well. I can submit the personal letter explaining the absences but it will be difficult to get a letter from employer.

Seniors, Gurus please share your thoughts?

Thanks
Raj

Not only this, there are more changes for Tier 1 (G) Dependent children over 16. Now they need two address proofs for the children over 16.

==================
109. After paragraph 319H, insert:
“319H-SD Specified documents and information
Applicants who are over the age of 16 on the date the application is made must provide the following specified documents and information:

“319H-SD Specified documents and information
Applicants who are over the age of 16 on the date the application is made must
provide the following specified documents and information:
(a) The applicant must provide two items from the list below confirming his
residential address:
(i) bank statements,
(ii) credit card bills,
(iii) driving licence,
(iv) NHS Registration document,

(v) letter from his current school, college or university, on official headed
paper and bearing the official stamp of that organisation, and issued by
an authorised official of that organisation.
(b) The documents submitted must be from two separate sources and dated no more than one calendar month before the date of the application.
(c) If the applicant pays rent or board, he must provide details of how much this amounts to each calendar month.

==================
The way things are going, I don't know what other proofs will be requested in years to come. Certainly it impacts me, but fortunately, I have opened a bank account for my kids (one is over 16) only last month.

I will post this on a separate thread as well to alert and help others who have dependents over 16.

Thank you with your update. Is there any changes for Tier 2 too???. From 06/04 there will definitely be a New SET O Form and New guidance.