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HSMP and EC Validity

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

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ghrupak
Newly Registered
Posts: 2
Joined: Fri Dec 28, 2007 9:35 am

HSMP and EC Validity

Post by ghrupak » Fri Dec 28, 2007 9:41 am

HI,
I have got HSMP approved in March 2007 and EC in June 2007. However I could not travel to UK immediately. But now I have got good job offer and also I am willing to come to UK. I wanted to know that my HSMP visa is still valid. On the Visa it is valid till June 2009, I called HMSP UK team today and I got to know that I have to enter UK within 6 months of HSMP approval. But it is not mentioned on the approval letter, it is only meniotned that I have to get EC within 6 months.
Can anyone help me by clarifything this.
Regrads,
Rupak

aka189
Junior Member
Posts: 63
Joined: Tue Oct 09, 2007 10:20 am

Post by aka189 » Sat Dec 29, 2007 7:02 am

You have to use your EC within six months of the date given in the EC.

So I think it's very late for you if you haven't travelled using your EC to UK ever.

cdraina
Member
Posts: 224
Joined: Wed Jun 06, 2007 5:54 am

Post by cdraina » Sat Dec 29, 2007 9:15 pm

As per my knowledge there is no such restriction. HSMP letter clearly states that it is valid for 6 months for EC application. It doesn't mention about entering UK within 6 months.

As far as EC is concerned, its valid for 2 years. You can enter UK with this any time within two years of stamping. For applying for FLR you may need to show earnings from past one year. So it is advisable that an applicant should enter UK within one year of EC stamping.

Rupak, I think you should stop thinking about uninfrmed suggestions (Here I am referring to HSMP reps who take phone calls, they are not very high skilled people and would give you half baked/subjective info). Just buy a ticket and move to UK to join your dream job!

All the best.
CD

ghrupak
Newly Registered
Posts: 2
Joined: Fri Dec 28, 2007 9:35 am

Post by ghrupak » Sun Dec 30, 2007 6:46 am

Thanks a lot CD, for your quick and clear reply. I was under lot stress last few days thinking that I would miss this job opportunity.
Regards,
Rupak

seek hsmp
Junior Member
Posts: 55
Joined: Sun Jun 10, 2007 5:02 am

Post by seek hsmp » Sun Jan 06, 2008 6:51 am

Rupak,


There has been lot of confusion on above.

Please post your experience once you arrive in UK.

HO decides HSMP applications - they do not decide about entry.
(only requirement is EC application within 6 months of approval)

Local BHC - they issue visas with a fixed valid from & valid till date.

The person who can deny entry is the Immigration Officer at port of entry
who follows the given guidelines:
http://www.bia.homeoffice.gov.uk/polic ... es/part9/
Refusal of leave to enter in relation to a person in possession of an entry clearance
321. A person seeking leave to enter the United Kingdom who holds an entry clearance which was duly issued to him and is still current may be refused leave to enter only where the Immigration Officer is satisfied that:

(i) whether or not to the holder's knowledge, false representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the entry clearance; or

(ii) a change of circumstances since it was issued has removed the basis of the holder's claim to admission, except where the change of circumstances amounts solely to the person becoming over age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance; or

(iii) refusal is justified on grounds of restricted return ability; on medical grounds; on grounds of criminal record; because the person seeking leave to enter is the subject of a deportation order or because exclusion would be conducive to the public good.

Grounds on which leave to enter or remain which is in force is to be cancelled at port or while the holder is outside the United Kingdom
321A. The following grounds for the cancellation of a person's leave to enter or remain which is in force on his arrival in, or whilst he is outside, the United Kingdom apply;

(1) there has been such a change in the circumstances of that person's case since the leave was given, that it should be cancelled; or

(2) the leave was obtained as a result of false information given by that person or by that person's failure to disclose material facts; or

(3) save in relation to a person settled in the United Kingdom or where the Immigration Officer or the Secretary of State is satisfied that there are strong compassionate reasons justifying admission, where it is apparent that, for medical reasons, it is undesirable to admit that person to the United Kingdom; or

(4) where the Secretary of State has personally directed that the exclusion of that person from the United Kingdom is conducive to the public good; or

(5) where from information available to the Immigration Officer or the Secretary of State, it seems right to cancel leave on the ground that exclusion from the United Kingdom is conductive to the public good; if, for example, in the light of the character, conduct or associations of that person it is undesirable for him to have leave to enter the United Kingdom; or

(6) where that person is outside the United Kingdom, failure by that person to supply any information, documents, copy documents or medical report requested by an Immigration Officer or the Secretary of State.

seek hsmp
Junior Member
Posts: 55
Joined: Sun Jun 10, 2007 5:02 am

Post by seek hsmp » Sun Jan 06, 2008 7:17 am

The HSMP approval letter clearly states 6 months requirement for EC application.

If there would have been a time limit to enter UK, the same would have been also mentioned on the visa issued by local BHC.

something like "must not arrive after"...

Or the visa issued by BHC would have been accompanied by a letter stating the requirement to enter within a certain time limit.

How will the immigration officer at port of entry know the exact date for HSMP approval? Do they ask for the letter?




It is best to arrive when one finds a job !!!

Can anyone provide a link to official documentation that states that the entry has to made 3 months or 6 months of HSMP approval date or EC/Visa valid from date?

seek hsmp
Junior Member
Posts: 55
Joined: Sun Jun 10, 2007 5:02 am

Post by seek hsmp » Sun Jan 06, 2008 7:29 am

http://www.immigrationboards.com/view ... start=20

I entred U.K 7.5 months after my EC was issued from Islamabad for just 12 months.

Immigration officials at heathrow was also aware of the fact that my visa was issued 7.5 months back but still they allowed me to enter U.K without any problem.

If six month is the rule then I should have not been allowed to enter in the U.K.

It could the case that 6 month rule might not be in practice by most immigration officals at aiport.

My suggestion to all those not to worry about 6 months rule and fly to U.K on their plans without having worry of being deported or entry refused.

I am sure many of this board members entred U.K six months their EC was issued...However no one in this board ever witnessed of refused entry to U.K as per this 6 month rule............... Am I right????

So more likely this is the rule just in the books not in practice.

seek hsmp
Junior Member
Posts: 55
Joined: Sun Jun 10, 2007 5:02 am

Post by seek hsmp » Thu Jan 10, 2008 7:15 pm

The HO has confirmed

Yes, you can enter the UK anytime within the validity of your visa. However, you should be aware of the requirements to be granted an extension of stay as a highly skilled migrant. Further details can be found on our website www.workingintheuk.gov.uk.

rocky
Newbie
Posts: 30
Joined: Wed Jun 07, 2006 1:57 pm
Contact:

Entry Clearance Validity

Post by rocky » Sun Jan 13, 2008 1:49 pm

Hi,
Can we xpect a reply from any senior member on this..

Thanx

cdraina
Member
Posts: 224
Joined: Wed Jun 06, 2007 5:54 am

Post by cdraina » Sun Jan 13, 2008 5:20 pm

I called HO on the same issue and they confirmed that this is correct. However it is recommended that the candidate should enter UK in the first year of the EC visa so that he/she is able to qualify(on past earning parameter) for FLR.

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