Although the application form is requesting only for an employer’s letter confirming the nearest SOC codes and annual salary, the Home Office is refusing applications under Paragraph 245 (e) of HC 395 as (as amended) alleging that the applicant has failed to submit employer’s letters confirming all their absences.

Paragraph 245 (e) of the Immigration rules is as follows;
The applicant provides the specified documents in paragraph 245HF-SD to evidence the
sponsor’s certification in subsection (d)(ii) and to evidence the reason for the absences
set out in paragraph 245AAA

As per above provision a Tier 2 migrant must submit a letter from the current and all previous employers confirming all their absences including annual holidays.

Immigration rules are ostracising Tier 2 migrants to qualify towards ILR by insisting the applicants to obtain highly complex employer’s letter which is difficult to encompass. Before introducing 245 AAA an applicant has to produce a letter only from his current employer.

Practically it is very difficult to get a letter from all their previous employers confirming the absences.

We are planning to take this issue before ILPA (Immigration Law Practice Association).
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