HSMP & Dependent/Civil Partner Rights

[Gattaca]

Hey everyone, thanks in advance for taking the time to read.

For the HSMP previous earnings points, will it calculate based on a shared income? For example, if I was earning $30,000 USD or 15,000 GBP, and my girlfriend was earning $30,000 USD or 15,000 GBP, could we total it for 30,000 GBP and get the points for that and each get approved for the HSMP? Or will it only ever calculate based on one person's income? Also, would being married rather than "civil partners" do anything extra?

To add to that question, if it will not allow calculations of a couple, married or otherwise, to contribute to HSMP past earnings points for two seperate HSMP visas, will it at least calculate as a total and award one person the HSMP visa and the other the dependent visa?

Also, if I was able to get a HSMP visa by myself, how does getting somebody a dependent visa exactly work? I've done a little research and I've found that they can interview for jobs and can get hired and also work, is this correct?

Thanks again and I really appreciate it... I can easily get the 50 points for age + bachelors, but the 12 months of $54,000 USD+ for the remaining 25 pointswill be tough, so I'm trying to figure out my options. I'm sure I could make that much if I worked my mule off enough (which I would gladly do to move to the UK), but then I'd need to get my girlfriend over.

To add to that, one last thing. The past earnings points is calculated on past earnings period, correct? I can have two jobs, and be working 80 hrs, as long as I can come up with the total, right?

Thanks!

[sakura]

Indivdual earnings only; if the earnings could be split, a lot more people would qualify! So it's either your earnings or your girlfriend's earnings. Not both.

And...you're confusing the term 'civil partners' - that is the term used for same-sex marriage (or 'partnerships') in the UK. If you do qualify for HSMP or a work permit, and you wish to bring your girlfriend with you, you have some options;

1. If you've lived together for at least two years and are unmarried, you can apply for an unmarried dependent's visa (err...Docterror can tell you more about this!)
2. If you do get married, you can apply for a dependent's visa (check the UKVISAS site for information on this, or the HSMP section of this board).
3. You can first enter the UK, and then apply for a fiancee visa, get married in the UK and then switch to a dependent's visa. I suggest, however, that option 2 is much easier for people coming from the US.

[Gattaca]

I had a feeling that civil partner meant same sex, oops! I'm male, girlfriend is female, so I guess we don't qualify for that!

In regards to the "living" together for two years. It can't have been outside the UK right?

Basically if I wanted to claim her as dependent, she'd we'd have to have both lived in the UK together for 2 years. Meaning she'd have to somehow be there legally for 2 years without HSMP...

The thing is that we don't really think marriage is such a big deal. We are at a point where we believe we can show our love for one another without marriage (I know I know I'm so young and we've only been together 2 yrs.) That said, we want to get married and have kids eventually, and realize that in our society marriage is pretty necessary.

I guess we might just have to get married earlier than we thought, which isn't a big deal I guess.

Thanks for the info.

One last quesiton though, is there a specific number or guideline to claiming somebody as dependent? If I qualify for the HSMP would I automatically be able to claim somebody as dependent? Or would I have to have my HSMP AND prove I'm making good money ON my HSMP before I could claim a dependent? Is there a specific salary necessary for a specific number of people to claim dependents? Etc, etc.

Thanks a ton! Really appreciate it.

[avjones]

The thing is that we don't really think marriage is such a big deal. We are at a point where we believe we can show our love for one another without marriage (I know I know I'm so young and we've only been together 2 yrs.) That said, we want to get married and have kids eventually, and realize that in our society marriage is pretty necessary.

It depends. I'm 30 years old, been living with my boyfriend in London for 10 years, and we have a 2 year old son. Marriage doesn't seem necessary in our society, but then we aren't seeking to emigrate.

Under the Immigration Rules, (unlike the rules for those settled or about to settle in the UK) the partner of an HSMP or work permit applicant has to meet, among other criteria:


194. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is married to or a civil partner of a person with limited leave to enter in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K);

SO there isn't an unmarried partner, living-together-two-years rule, whether it's in the UK or otherwise, UNDER THE IMMIGRATION RULES. Your girlfriend would have to qualify under her own steam.

However, that's not the end of the story!

Under the guidance, it states:

Note:
* There is no provision in the Rules for dependants other than a spouse or child under 18 to join persons admitted in these categories (but see paragraph 1.1 below).
* There is a concession outside the Immigration Rules for unmarried partners (common law and same sex) of persons granted LTE/R under HC 395 paragraphs 128-193. Details of this concession are in CH 8 Section 7 and should be read in conjunction with this section.

[Wanderer]

The thing is that we don't really think marriage is such a big deal. We are at a point where we believe we can show our love for one another without marriage (I know I know I'm so young and we've only been together 2 yrs.) That said, we want to get married and have kids eventually, and realize that in our society marriage is pretty necessary.

It depends. I'm 30 years old, been living with my boyfriend in London for 10 years, and we have a 2 year old son. Marriage doesn't seem necessary in our society, but then we aren't seeking to emigrate.

Under the Immigration Rules, (unlike the rules for those settled or about to settle in the UK) the partner of an HSMP or work permit applicant has to meet, among other criteria:


194. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:

(i) the applicant is married to or a civil partner of a person with limited leave to enter in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K);

SO there isn't an unmarried partner, living-together-two-years rule, whether it's in the UK or otherwise, UNDER THE IMMIGRATION RULES. Your girlfriend would have to qualify under her own steam.

However, that's not the end of the story!

Under the guidance, it states:

Note:
* There is no provision in the Rules for dependants other than a spouse or child under 18 to join persons admitted in these categories (but see paragraph 1.1 below).
* There is a concession outside the Immigration Rules for unmarried partners (common law and same sex) of persons granted LTE/R under HC 395 paragraphs 128-193. Details of this concession are in CH 8 Section 7 and should be read in conjunction with this section.

Amanda, I thought we'd proved that an unmarried dependent can apply with their HSMP partner on form FLM(IED) in a recent thread which I can't find now, having just got up!

I thought it wasn't possible too, but I was shot down!

[avjones]

Yes, that's as a result of hte concession.