AIT (1) The requirement in paragraph 159A(ii) of the immigration rules that there be evidence of a connection between the employer and the employee is of particular importance. It will be a question of fact in each case whether the requisite connection is proved. Although the connection will usually spring from the fact of employment in the employer’s household, something more than a mere employer-employee relationship and presence in such a household is required.
(2) Paragraph 159A(ii) does not require the employee to have been continuously employed by the employer, provided that the totality of the periods of employment amounts to at least a year. It is, however, extremely unlikely that occasional or irregular employment will enable an employee to show a sufficient connection with the employer.
Hodge J
[2008] UKAIT 00060
Bailii
England and Wales
Updated: 28 July 2021; Ref: scu.277823
