tier 2 english requirement question (change employment)

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I am under Tier 2, since Sep 2009. I have a question about english requirement, for the question:

N11. Select to confirm why the applicant does not need to send evidence that they have met the english language requirement for this appliation:

There are several options. The following two seem identical to me, and both would be ok. Which one should I choose?

- The applicant currently has or was last granted leave in Tier 2 and has sent evidence of meeting the english language requirement in an earlier application, or

- the application has or last had entry entry clearance, leave to enter, or leave to remain as a:
i) Tier 2migrant under the Rules in place before 6 April 2011, excluding Intra-company transfers extending beyond 3 years,
ii) Qualifying work permit holder,
........

Many thanks.