UK Embassy's fault.... Please Help

[MunneRaja]

I am an Indian working in the UK for past three and half years. My work permit was sponsred by my employer and was valid till Sept 2009. Earlier this year in march, I decided to go for HSMP and I got it. so my work permit became in-valid.
Now, something interesting hapopened, I went to India in August and got married. I applied for dependant visa for my wife and she was awarded the same. we did not notice the visa duration at that time. Yesterday, I noticed that her Visa is valid till Sept 2009(on basis of my work permit) where as my visa is valid till April 2006 (on basis of HSMP). This is UK embassy's fault but We are quite worried about this.

Has anyone gone through this problem? Please suggest what is the best solution for this.

1 ) Do I need to contact Home Office now

or

2) I just wait till February end for my HSMP extension and send my wife's passport for extension as well.

or

3) Just do nothing and apply for ILR by end of July.

Please Help. Kayalami, Chess, John...

[Chess]

What is the wording used on the depedant VISA?

Accompanying HSMP holder or Work Permit Holder?

[MunneRaja]

The wording is

"Accompanying HSMP holder"

Please reply..

Thanks

[Kayalami]

Send ppt back to the embassy for correction. This should be free and the current EC should be cancelled without prejudice. Confusion (though not excusable) may have come from that you are still employed by your WP sponsor and as such included their details in the application - is this the case?

[MunneRaja]

Yeah, This is correct. I am working with the same employer (even after getting my HSMP) that sponsered my work permit. I guess thats why the confusion happened.

but still I dont understand because in the Visa application form, I particularly wrote that the Visa is required till 7th April, 2006, still they gave her visa till Sept, 2009.

Where should I send the passport?

[Kayalami]

Are you saying that your spouse has already entered the UK on this incorrect visa?

[MunneRaja]

Yes, She has.. We came back together in August itself. Her passport was checked by officials in India as well as in Birmingham but no one noticed anything. Even We did not notice the Visa duration until day before yesterday. We dint even dream about anything like this could happen. Its just on Sunday, I was checking her passport and I noticed this.
I am seriously worried about it. Can you please guide me what to do??

[Kayalami]

This is indeed a dilemma. Disregard my earlier comments on sending the ppt back - this was based on a presumption that your spouse was still in India. I find it highly implausible that this error was not noted from visa issuance to date (sunday) - the notice at all consulates and visa forms states that the applicant should duly ensure the accuracy of issued EC.

Fortunatley on this occassion your WP status and to an extent WP FLR is technically intact since you are still in the sponsors employment (and WP FLR was not cancelled) hence an arguement could be made for the error in question to not adversely impact on your spouse's status.

Is your spouse travelling to India prior to HSMP extension? This would be the easiest way to correct the anomaly. If said trip not planned then it is plausible to wait till HSMP renewal and include a cover note to the effect that EC was incorrectly endorsed. Have you got copies of the VAF form submitted?

IMHO if you want total/complete peace of mind make an application now for FLR on Form FLR (O) - tick other and explain the EC error then request for LTR to April 2006. Given that this is a prescribed payable form you will have to include the relevant fee - no harm in enclosing it and asking for 'free' consideration (don't expect any joy though). You need to include your own docs i.e. ppt, copy of HSMP approval letter and evidence of funding/ accomodation to include an employer letter. I don't class this as straightforward (HO may need to contact ECO in India) so it may be pointless to submit in person for a same day application - depends on your attitude to risk. Remember the HO have wide discretionary powers and they may very well resolve this.

Good luck and do let us know how you got on with this.

[MunneRaja]

I agree this seems implausible but I just did not notice this. I did not imagine that they can make such a mistake.
Last Sunday, We were planning to send her passport for provisional driving license and thats when I noticed this.
I guess, I was just so happy after she got the visa in India that I forgot to check the visa duration

I will talk to home office guys and will see what they say.
One more question, When I will apply for my HSMP extension in end of February, do I need to submit two forms (one for me and one for my wife) ? means do I need to pay £335 + £335 or just £335?

[ppron747]

Just for information, Kayalami, could you explain why this is a problem? If I've read the thread correctly, OP is here on HSMP, and his wife's visa says "Accompanying HSMP Holder". The expiry date on his wife's visa is three and a half years later than OPs own LTR.

I can see that this would be a problem if the visa said "accompanying WP holder", because it would then appear to have been issued by virtue of a status that OP no longer has. Given that the visa has the correct "Accompanying HSMP Holder" endorsement on it, I'm genuinely puzzled. I'm not questioning your reply - I just don't understand!! Can you put me out of my misery?

rgds

[MunneRaja]

I just thought, If I talk to home office guys they will definately ask me to apply for FLR(for my wife) right now means £335 gone for sure.

Like ppron747 said, the status on wife's passport is correct but duration is not.

Can I have some more expert comments before contacting Home Office?

Chess, MWazir, John, Joseph, Cosmopol, Ajay, Kayalami.. Comments please......

[Smit]

The answer to Paul's query is IMHO simple, the Dependant's LTR should match the principal's, in this case it does not and therefore requires rectification.

Personally, I do not think rectification at this point in time is absolutely critical, it can be dealt with at the time of the OP's HSMP extension. Only one form FLR(IED) is required and one payment of £335, not two.

[Kayalami]

I agree this seems implausible but I just did not notice this. I did not imagine that they can make such a mistake.
Last Sunday, We were planning to send her passport for provisional driving license and thats when I noticed this.
I guess, I was just so happy after she got the visa in India that I forgot to check the visa duration

I mean't no adverse inference as to your character/s or such but appreciate you understanding of my comments. I appreciate the excitement of a successful visa application especially one enabling loved ones to be together.

One more question, When I will apply for my HSMP extension in end of February, do I need to submit two forms (one for me and one for my wife) ? means do I need to pay £335 + £335 or just £335?

Dependents if included in the principal applicant's form do not need to pay a separate fee. The catch however is that the dependents be on the correct 'dependent visa' in line with the principal applicant's visa that is being extended - hence why this may be a problem at HSMP extension stage because the spouse and principal applicant's visa are of different categories based on timeline rather than annotation...the former takes precedence. OP could always ask for a concession for his spouse. That a visa is held to 2009 leads me to believe the HO will refuse the dependents extension.

Just for information, Kayalami, could you explain why this is a problem? If I've read the thread correctly, OP is here on HSMP, and his wife's visa says "Accompanying HSMP Holder". The expiry date on his wife's visa is three and a half years later than OPs own LTR.

I can see that this would be a problem if the visa said "accompanying WP holder", because it would then appear to have been issued by virtue of a status that OP no longer has. Given that the visa has the correct "Accompanying HSMP Holder" endorsement on it, I'm genuinely puzzled.

OP's HSMP visa is valid to April 2006. It follows that HSMP dependent spouse visa that was applied for should be annotated accordingly (it has) but to the same validity (it hasn't). This mismatch can have repurcussions in future FLR/ILR applications on a range of aspects from possible misrepresentation at entry to incorrect dependent LTR (see my comment on fees query by OP above). I have suggested a possible route for the OP to resolve this (now rather than stress at ILR stage) but it may very well cost. Hence my caveat 'for total peace of mind'. The OP is open to leaving things as they are until HSMP extension stage. For the sake of at max GBP 500 (for FLR O) I know which route I would take.

I'm not questioning your reply - I just don't understand!! Can you put me out of my misery?

Am I that scary - I always welcome queries/ comments...after all no man is a complete fountain of wisdom and as such I don't claim to know it all.

I hope that helps.

[flyez]

In my (no expert) opinion, I see no harm if the status is correct but the duration is far longer than you requested.

I have known several cases that foreign students post their passport to HO to renew their student visa. Luckily they have beengiven 2 or 3 years rather than 1 year they originally asked. Maybe its just a beautiful mistake done by HO, or maybe their bank statement is quite healthy.
Only the HO dealing caseworker know what happen.

Anyhow, if should be ok and I don't think your wife should mailed it back to ask to cut short the given duration. The burden should be on HO if they have any queries for the wife's passport.

[Kayalami]

But student visas can be of longer than 12 months duration subject to the length of the course in question. As per the immigration rules which reign supreme (unless a discretion is exercised as applicable) an initial HSMP visa is of 12 months duration. A dependent visa can not be of longer duration than the principal one hence HSMP DV = 12 months max as well.

[MunneRaja]

Maybe its just a beautiful mistake done by HO, or maybe their bank statement is quite healthy.
Only the HO dealing caseworker know what happen.

Dont know about the beautiful mistake but bank statement was indeed healthy at that point of time. Alas, that was undone by wife's shopping.. thats why someone said "women does not come cheap".. lol

Jokes apart, I guess It seems a better option to contact home office now than later. I do not want any problems as I am about to apply for ILR in about 7 months. but, their mistake will cost me £335 atleast....

Many thanks for your comments guys, I will talk to Home office and keep you all posted. Please continue giving expert comments in the mean time..

Many many thanks

[indian_in_uk]

Hi,

I have just spoken to my cousin (who is a solicitor in the UK) about your case. She says personally she thinks you send her passport along with yours when you apply for your HSMP extension. If they ask why the Visa duration is diffirent then you explain the situation or when applying for HSMP extension just wrote this in your cover letter explaining what has happened. It is their fault so you should not worry too much about it.

Now, It is upto you dude. Think and decide what you wanna do..

[MunneRaja]

Appreciate your concern Indian_in_uk.

I am also waiting for some more expert comments especially from Chess who asked for "the wording for the dependant visa".

Chess, your comments please..

[Chess]

Appreciate your concern Indian_in_uk.

I am also waiting for some more expert comments especially from Chess who asked for "the wording for the dependant visa".

Chess, your comments please..

IMHO - I think you should not worry too much - the error was undertaken by the Embassy..

The gopod thing is that the Visa states "accompanying HSMP holder" and not "WP holder" which is a good thing..


The error is tanatmount to being granted an initial HSMP entry Visa say for 2 years..

I suiggest that you submit Mrs. passport with yours at time of renewal and write an explanatory note advising them of the error they made...

good Luck

[turbodog]

Is it possible to say it was "JUST A MISTAKE". They are human and do make them , so i would suggest sendin photocopies of the relevant pages and ur concerns and askin for their advice. JUst my opinion

[stedman]

Towards the end of my permit free training, I went to the home office to renew it. My Dean's letter recommended a renewal of a year which was fair enough, as I had come to the end of my training. However the home office person I saw decided to stamp 2 years on my passport, which was great but not based on anything at all - they tend to be very much guided by the Dean's letter, which clearly stated one year. I didn't for a minute think to point out their "error" - these things aren't set in stone are they?

It didn't affect anything and I ended up applying for HSMP at the end of the 2 year period, successfully. So I won't recommend sending your wife's passport for "correction" - when the time comes for you to apply for ILR just send both passports in, they can correct their "mistake" then!