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Time limit to enter UK after EC - HO answer

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srikp
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Time limit to enter UK after EC - HO answer

Post by srikp » Tue Oct 09, 2007 5:20 pm

I have read several threads about time limit to enter UK after EC approval but could not reach a conclusion.

I called up HO to find out and the answer that was given was 3 months. If it exceeds 3 months, then visa becomes void.

Can anyone share their experiences; anyone who actually arrived after the 3 months period and still could enter UK?

Is there any documetary evidence confirming the 3 month time limit.

WoodieG
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Post by WoodieG » Tue Oct 09, 2007 5:25 pm

That's not true. Which number did you call?
________
KISSING ADVICE ADVICE
Last edited by WoodieG on Tue Mar 08, 2011 4:58 pm, edited 1 time in total.

srikp
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Post by srikp » Tue Oct 09, 2007 5:39 pm

I used this link:
http://www.workingintheuk.gov.uk/workin ... ct_us.html?

I called up on the number as specified for Work permit,HSMP,etc queries number:
Tel: 0114 207 4074

VictoriaS
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Post by VictoriaS » Tue Oct 09, 2007 6:01 pm

You should enter the UK within three months of visa issue.

Victoria
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srikp
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Post by srikp » Tue Oct 09, 2007 6:42 pm

Thanks for confirming, Victoria.

A related query:

Does an HSMP dependent also need to enter the UK within 3 months after getting EC approved?

gmuralik
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Post by gmuralik » Wed Oct 10, 2007 8:32 am

This is scary, I have got my visa in July and since i have to serve 3 months notice period in my current company. i couldnt go. I am planning to leave in Nov 1st week. Can you some one help me whether the visa will become void or i can still travel. Do i need to carry any proof that why i couldnt enter UK with in 3 months???

I appreciate your help because i am leaving in nov 1st and if i can make any arrangements i will certainly do before going...

ikon1400
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Post by ikon1400 » Wed Oct 10, 2007 8:44 am

@gmuralik,

Why dont u call the BHC and confirm. Its better to be late than never.

All the best
Cheers
ikon

SYH
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Post by SYH » Wed Oct 10, 2007 8:55 am

gmuralik wrote:This is scary, I have got my visa in July and since i have to serve 3 months notice period in my current company. i couldnt go. I am planning to leave in Nov 1st week. Can you some one help me whether the visa will become void or i can still travel. Do i need to carry any proof that why i couldnt enter UK with in 3 months???

I appreciate your help because i am leaving in nov 1st and if i can make any arrangements i will certainly do before going...
Then you take a quick trip to the UK to get the visa stamped and serve out your notice.

cooldesk
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Post by cooldesk » Wed Oct 10, 2007 9:50 am

Hi All

I got my HSMP approval on 20th August 2007. I have not applied for EC yet. I am outside UK.

I am clear about the 6 months period after HSMP approval within which I should apply for Entry Clearance or Visa.

Do I also need to make first entry in UK within 6 months of HSMP approval (19 Feb 2008 in my case) or I can make first entry any time, even after one year of HSMP approval.

When I called HSMP Team, HO, they told that you need to do both things (EC and entry in UK) within 6 months after HSMP approval.

I look forward to your reply.

Best wishes
Sima

umanghere
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Post by umanghere » Wed Oct 10, 2007 1:44 pm

The HSMP approval letter says: 'This permission document is valid for six months from the date of this letter.It its not used to apply for entry clearance or further leave to remain within this period,this document will become invalid and leave will be refused.'

So all its saying that one shd apply for EC within 6 months;Its not saying you should reach the UK within 6 months?

If I refer to the UK Visa site

http://www.ukvisas.gov.uk/servlet/Front ... 6977150052


What is the latest date that I can arrive in the UK with my visa?

A: The expiry date will be shown on the visa, but remember that this is also the last day on which you are permitted to stay in the UK.


Again this doesnt mention a word about anything like that.

Senior members -Please share your comment so that we have a clarity on this.

RAW
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Post by RAW » Wed Oct 10, 2007 2:04 pm

cooldesk wrote:Hi All

I got my HSMP approval on 20th August 2007. I have not applied for EC yet. I am outside UK.

I am clear about the 6 months period after HSMP approval within which I should apply for Entry Clearance or Visa.

Do I also need to make first entry in UK within 6 months of HSMP approval (19 Feb 2008 in my case) or I can make first entry any time, even after one year of HSMP approval.

When I called HSMP Team, HO, they told that you need to do both things (EC and entry in UK) within 6 months after HSMP approval.

I look forward to your reply.

Best wishes
Sima
Well, I also called HSMP Team today n response was the same that you have to apply for EC and enter UK within six months. And if its true then all my efforts gone into drain as my initial HSMP was approved on 10th April and today its exactly 6 months passed and I m still planning to leave.

On the other hand, I m still not satisfied with HSMP Team response n will contact my local BHC for further clarifications.

I've gone through the HSMP guidance notes and UK Immigration policy notes and have not found any statement which says that you have to apply for EC and enter UK within six months.


Here is the HSMP Approval letter format; it has not stated anywhere that you have to enter UK within six months for the date of issuance of this letter. It just says about applying for EC within six months n once you got your visa this letter is of no use to you. Because from then onward the only document u'll have is your passport.
Dear xyz,

IMMIGRATION ACT 1971 – HIGHLY SKILLED MIGRANT PROGRAMME (HSMP). APPLICATION AGAINST THE QUALIFYING CRITERIA FROM 5 DECEMBER 2006

APPLICATION BY:

Thank you for your application under the above programme. We have considered the application against the HSMP qualifying criteria and are able to approve this application.

This permission document is valid for six months from the date of this letter. If it is not used to apply for entry clearance or further leave to remain within this period, this document will become invalid and leave will be refused. In this event, you must make a new HSMP application with full supporting evidence (including required evidence supplied to us with any previous application) and the appropriate fee.

If you are currently outside the United Kingdom (UK) you must now make an application for entry clearance to come to the UK under HSMP. This document should be submitted to the British Embassy, High Commission or Consulate in your country of residence to support the application. The location of your nearest British Embassy, High Commission or Consulate can be checked on the UKvisas website: www.ukvisas.gov.uk.
If you are residing in the UK at present, and eligible to switch immigration status to HSMP, you should now complete form FLR(HSMP) to apply for further leave to remain in the UK. This application should be made before your current leave to remain expires. If you are not eligible to switch immigration status, you may return overseas and make an entry clearance application.

The FLR(HSMP) application form is available by telephoning 0870 521 0224. Forms can also be downloaded from the Home Office website: www.workingintheuk.gov.uk. Forms should be submitted enclosing your passport and those of any dependants, the appropriate fee and it should be addressed as indicated on the form.

Yours sincerely,

HSMP Team
Lastly, I have my passport in front of me n it just says the validity of HSMP Visa which of two years i.e. 21 Aug, 2007 till 20 Aug 2009 (in my case). The only instruction it has is no public funds to be used while on HSMP. Nothing else.

Therefore, in my point of view HSMP Team statement is misleading and false. You can also shed some light on this issue

Cheers,
RAW

dnataraj
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There is no specific time within which you need to enter the

Post by dnataraj » Wed Oct 10, 2007 2:18 pm

Hi All,

There is no specific time within which you need to enter the UK if you have been issued a HSMP visa.

I have sent mail to wpcustomers and BHC..they have replied as above......



I have been issued a HSMP/ WP visa. Is there any specific period within which I have to travel to the UK?

If you hold a work permit visa, you must enter the UK within 6 months from the date the work
permit is issued. There is no specific time within which you need to enter the UK if you have been
issued a HSMP visa.
However, applicants are advised to travel at the earliest.

umanghere
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Post by umanghere » Wed Oct 10, 2007 5:31 pm

Hi dnataraj,

Thanks for your response. From which BHC office you got this response.
Also are you in India or in the UK;I am trying to understand if we have a person who has travelled to the UK after the 6 month period of issue of the HSMP letter.
That will give lot of peace of mind to many of us. My fear is the HO keep updating/modifying guidance doc and has any new rule come up as per which they are saying 6 months limit to enter the UK to the people on phone.

Even then logically it shd be applicable to new application.but we never know !

vc
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Post by vc » Wed Oct 10, 2007 6:29 pm

That cant be true, what about post dated EC's. I got approval in March and got EC in Sep valid from dec 07 to Dec 09. Clearly, entry cannot be within 6 months of initial approval!

srikp
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Post by srikp » Wed Oct 10, 2007 11:11 pm

Nataraj,

Thanks for the update - from what I understand, the extract that you have pasted seems to be from the FAQs sent by BHC Chennai, India. (I can't seem to find them online though.)

I am just wondering if we can go by what the BHC says or will HO's information of 3 month time-limt supercede BHC's FAQ.

Does the BHC of any other country have information on time limit to enter UK? (I am assuming time-limit rule, if any, is uniform for all countries.)

seek hsmp
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Post by seek hsmp » Thu Oct 11, 2007 2:58 am

EC application has to be made within 6 months of HSMP approval letter. Otherwise, the HSMP approval letter will be considered as NULL & VOID.

However, one the two year HSMP visa has been issued, the entry can be made anytime before expiry of HSMP visa stamped on the passport.

However, it is best to make entry in the first one year itself.

The rules regarding HSMP approval, EC application & ENTRY are different.

Victoria, please clarify

You should enter the UK within three months of visa issue.

Victoria

dnataraj
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reply got from BHC & wpcustomers

Post by dnataraj » Thu Oct 11, 2007 4:56 am

Hi All,

PLease check the links below,posted my me...
Those are the reply i got from BHC/wpcustomers when i have asked several questions.

http://www.immigrationboards.com/viewtopic.php?t=19656
http://www.immigrationboards.com/viewtopic.php?t=19655
http://www.immigrationboards.com/viewtopic.php?t=19654

We can enter ANTIME (before expiry of visa) after the EC has done.


Thanks,
Nataraj

nikilnikil
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not necessary

Post by nikilnikil » Thu Oct 11, 2007 7:14 am

Even I got visa stamped on 5th October. U can enter UK within 6months -1 year.

There is no restriction. HSMP visa is a multiple entry visa which is valid for a duration of 2 years. You are eligible to enter any time. People suggest you to enter UK within 3 months due to the fact that you earn good amount so that you can show it for your renewal of HSMP. I got this confirmation from VFS office, Bangalore, India

cooldesk
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Post by cooldesk » Thu Oct 11, 2007 9:31 am

I got following reply to my question about time limit from HSMP HO Team. Do not know what to do now.


Dear Sima,

As you are already aware, you will need to apply for Entry Clearance within six months of HSMP approval.

With regards to when to enter the UK, we will not be able to advise you as we do not deal with entry clearance applications. Please contact the Entry Clearance Officer for advice.

Thank you

umanghere
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Post by umanghere » Thu Oct 11, 2007 9:58 am

So that means HO now is not saying you should enter within 6 months which they told you earlier on phone.
Since the BHC and VFS who deals with the Visa/EC are saying there is no restriction on when you enter as long as your visa is valid, I dont think now there should be any doubt.
Also in this thread there is a case where Visa is issued for a later date. Again this strengthens our understanding that restriction to enter within 6 months in not true.

Paulhsmp
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There is no timeline.

Post by Paulhsmp » Thu Oct 11, 2007 10:11 am

Hello everyone,

I went to VFS Bangalore and enquired about this.

YOU ARE ALLOWED TO GO TO UK AS LONG AS YOUR VISA IS VALID.
THERE IS NO SUCH TIMELINE TO ENTER UK AFTER GETTING THE EC.

This is confirmed by the VFS Bangalore.

RAW
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Post by RAW » Thu Oct 11, 2007 11:25 am

BDHC Karachi also confirmed that you can travel UK as long as your visa is valid.......so there’s no time specification to enter UK on HSMP Visa...

Cheers,
RAW

srikp
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Post by srikp » Thu Oct 11, 2007 12:27 pm

BHC Chennai, India also confirmed to an email query that we can enter UK any time during the visa period.

Now then, is the Home Office information incorrect about the 3 month limit? Does anyone have a confirmation from HO too about this?

My email to HO got an FAQ sheet response and my phone call was answered with a 3 month limit. Any luck for others?

Or, should we be happy with BHC's answer?

Paulhsmp
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Post by Paulhsmp » Thu Oct 11, 2007 1:11 pm

For HSMP Approval and extension follow what HO says.
And for Visa and travel follow what BHC says. 8)

VictoriaS
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Post by VictoriaS » Thu Oct 11, 2007 2:07 pm

Apols.

Most other categories of visa state that you should enter within 3 months of entry (ie spousal). We have been told that you must enter the UK within six months of the visa being issued for the HSMP.

The thing that concerns me about ECO's telling you otherwise is that it is not the ECO who makes the decision on whether or not you can enter, it is the IO at the airport. I really don't think it is worth the risk.


Victoria
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