Can anybody differentiate between these two?

[WwW]

You are engaged in business activity, other than the work necessary to administer business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 and above, as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency.

AND

You are working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J of the Immigration Rules and the Codes of Practice for Tier 2 Sponsors published by the UK Border Agency, and you provide the specified evidence in paragraph 41-SD. “Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business.



First one is the part of old policy guidance and second one is the part of latest guidance policy. I applied according to 1st paragraph above as given in old policy in October but refused referring the latest one by caseworker. I have already lodged appeal.

[RizKCB]

1st paragraph emphasizes on level 4 profession in your business without clarification of the difference between administrating activities and main activities.

2nd paragraph also emphasizes on level 4 profession but in more detail about how to relate your profession with the business. It clearly mentions that the main activities of your business are actually same as your profession in it and same activities are mentioned in the contract as the services you are offering.

The contract you provide actually acts as an evidence that:
1- Your professional services to your clients are at level 4 or above
2- Your profession is at level 4 or above
3- Your profession and professional services directly relate to each other
(Mostly people think that contract act as a proof that there business is active: be aware of above three points)

Example:

1- Perform energy assessment for energy efficient advice and reports about a property. You examines plans, drawings, specifications, parts lists, etc. and specifies the materials and components required for energy efficiency. Assesses costs of materials, labour and other factors such as required profit margins, transport costs, tariffs and fare structures, possible hazards, etc for your assessment. Assess state benefits people getting to be eligible for govt grants in energy efficiency. (All are specified in Level 4)

2- Your profession is Energy Assessor (Level 4 - 3531 code)

3- Have a look and feel about your profession and services in point 2 and point 1 respectively. They shake hand.

Interesting thing here is, if you dont have any qualification related to it then they might not refuse you but may call for interview for your background and related experience in this field. Because degree binding is not mentioned in guidance policy. Its only mentioned to claim 10 points for English requirement. Hope it gives an idea to you.

Immigration judges acts reasonably and are nice people, if you prepared application with old policy and rejected on the basis on new one; Its just like following a vehicle signaling right and turning left. Surely judge will listen you positively. Be confident.