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HSMP Extension and family reunion

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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MWazir
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Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Re: HSMP Extension and family reunion

Post by MWazir » Mon Oct 25, 2004 1:00 pm

k_baskaran70 wrote:1. Will one year contract job affect my extension? Though it may go permanent in the future but no commitment as of it.
That should not be a problem as long as you are working and are economically self sufficient at the time of applying for an extension.
k_baskaran70 wrote:2. My wife also had EC same time as me and she visited me 2 times till now. She is presently working in Germany with permanent job so i don't want her to be disturbed till i settled down. Will it be problem, if i extend my visa alone in the UK and whether she can apply for extension from UK consulate in Germany.
I dont think you can get extensions from overseas. The way it can work is, you apply for your extension in the UK by which time your wife's one year dependent visa has expired. She goes back to the embessay and based on your visa extension applies for her 3 year dependent visa. It should be similiar to another EC.
k_baskaran70 wrote:3. otherwise as she has already entered UK, can i also send her passport along with my application. (but she is unable to stay with me at the time of extension. ) or extending in Germany is better option?
You are not supposed to send an Indian passport overseas by itself. Furthermore you said your wife is working in Germany. An FLR(IED) these days takes 10 weeks and that might hold her up.
k_baskaran70 wrote:3. My daughter is still in India and may not be joining during my first year of stay. After my visa extension, will her get the visa from UK consulate in Chennai. Is there any hurdles expected in Chennai?
Dont worry dependent visas should never be an issue as long as you submit proper documentation, you should be fine.

Rog
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Joined: Tue Sep 14, 2004 4:21 pm
Location: London

Post by Rog » Mon Oct 25, 2004 4:50 pm

Dear Baskaran

I can answer your 3rd query. My daughter is also back home as I wanted to settle down first and not disturb her school year. I have filed for extension now. I had asked Home Office and they had told me that there would be no problem to seek Entry Clearance from my home country for her providing I get my extension. You must be missing your daughter a lot just like I am missing my daughter.

baskey
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Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Tue Oct 26, 2004 11:22 am

Dear mwazir ,

Thanks a lot for sharing info. but will the HO not ask about partner's present condition as i have claimed 10 points based on her!. Whether getting 3 years visa in the country of residence is as similar formality to EC? or any difficulties expected?.

Rog,

Always leaving daughter or wife and working in a unknown place like this very difficult. But some how, i do compromise thinking their future!!.

Regards,

Baskaran

MWazir
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Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Tue Oct 26, 2004 1:49 pm

k_baskaran70 wrote:but will the HO not ask about partner's present condition as i have claimed 10 points based on her
Ah! I dont know about that.
k_baskaran70 wrote: Whether getting 3 years visa in the country of residence is as similar formality to EC? or any difficulties expected?.
It is another entry clearence.

Can any body else confirm that FLR extensions cannot take place overseas?

f2k
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Location: London

Post by f2k » Tue Oct 26, 2004 1:56 pm

i think you are right MWasir, FLR is an in country thing, if there is no stamp to show that you are in the uk then you wont be able to "extend" it.

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Tue Oct 26, 2004 2:29 pm

but will the HO not ask about partner's present condition as i have claimed 10 points based on her

I see this topic has been touched on before.

My own view is that HSMP approval is for you and not any of your dependents. The point scoring system gave you 10 points because of your spouse but that does not mean that spouse has to work in the UK or even stay with you. If that effects extensions that means couples cannot seperate until extensions? and surely that cannot be the case. If it was necessary for the spouse to be in the country and residing with the applicant, then in my opinion, it would have been clearly stated in the HSMP guidelines. Having a qualified dependent with work experience increases the likelyhood that the applicant will not be dependent on public funds and in my opinion that alone is the reason why it is included in the point scoring system.

To cross check I would advice you to speak to the HO or an OISC registered solicitor on this point.

baskey
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Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Tue Oct 26, 2004 4:48 pm

Thanks mwazir,

It is a grey area. Let me email HO and share their reply here. But if any one had similar situation, then it would be nice to know.

Regards,

Baskaran

f2k
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Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Tue Oct 26, 2004 8:12 pm

i dont think it is necessary for you to apply for FLR at the same time as your spouse. i can think of a couple of scenarios.
1 - you dont know if you actually got any points for your spouse, unless you claimed exactly 65 points.
2 - what if your spouse only joined you 7 months down the line, it could mean his/her visa will still be very much valid at the time you apply for your FLR and it wont be necessay for you to apply for an extension for them
3 - another point could be what if your spouse then applies for a WP or even an HSMP for themselves

in anycase the forms for FLR dont have any form of point scoring system, the main requirement being your economic activity

baskey
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Posts: 245
Joined: Fri Dec 26, 2003 1:01 am
Location: Milton Keyens

Post by baskey » Wed Oct 27, 2004 11:05 am

f2K,

1. I have claimed 75 points ( 15 education+ 50 for experience+10 for partner) and that means without partner point i have got 65.

2.your opt2 not possible b'cos spouse also will get same period as main applicant, even she/he applies for Ec later late. Isn't it? and opt 3 is a very good point!!

Any way thanks..

Regards

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Wed Oct 27, 2004 7:34 pm

i think you are right there on the my option 2. your spouse only gets EC which will expire at the same time as yours. on option one i assume you applied when they still required 75 points, but my point of argument would be in the case of someone who did apply but depending on how the points where awarded for the other sections, he/she wouldnt know whether they got points for the spouse or not.
so i am sure you can go ahead and lodge your application. i am not sure though what would happen when it comes to ILR and your wife hasnt joined you yet or is not apply together with you.

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