How many months are enough for 3 year extension ?

[Sher]

If one were to arrive late on one's initial (1 year) HSMP visa, how many months would prove enough to get the 3 year extension (or is it 4 years now with the 5 year to FLR rule) ?
Any experiences ?

[MWazir]

There is no specific rule that can guide us here. Its up to the case worker's discretion. I would say coming in 3-4 months late should be ok as along as you can find a job soon and be economically active. Any later and you may not get the 3 year extension but a one year one.

No idea about the 4 year extension. Will have to wait a bit longer and see how the HO treats extensions after April 3 for those with only a year on their HSMP.

[Sher]

There is no specific rule that can guide us here. Its up to the case worker's discretion. I would say coming in 3-4 months late should be ok as along as you can find a job soon and be economically active. Any later and you may not get the 3 year extension but a one year one.

No idea about the 4 year extension. Will have to wait a bit longer and see how the HO treats extensions after April 3 for those with only a year on their HSMP.

TY Wazir Saab.
I was approved under the old policy. Will the treatment of my case therefore be different from that under the new policy?

[MWazir]

I was approved under the old policy. Will the treatment of my case therefore be different from that under the new policy?

No, everyone hence forward will have to spend 5 years before they get their ILR

[Sher]

There is an appending question to the one I already asked ....

I have claimed points for my spouse. The approval letter did not mention as to whether the points were finally allotted under the same. I remember to have read somewhere in the rules/ policy earlier that the spouse has to necessarily accompany, if so.
Since I would be going in for an extension 2-3 months after I come in, is it okay if my spouse comes in some time down the line and not immediately. In the meanwhile I shall process the extension on my own.
OR as an option, my spouse can come in for a week-10 days and go back. Would that be okay?

Thx

[Sher]

Wld appreciate if u can answer this Wazir saab.
Am in the midst of some hectic planning.

Thanks

[MWazir]

I remember to have read somewhere in the rules/ policy earlier that the spouse has to necessarily accompany

Can you point me to the documentation. I dont recall reading anything to the best of my understanding.

HSMP is a visa category that allows your dependents (those meeting the requirements as per the visa regulations) to travel with you to the UK. Its up to you and your dependents to decide weather
a) they want to apply for a dependent visa at the same time as your residence permit.
b) they want to travel at the same time as you.
c) they want to travel at a later date.
d) they apply for a dependent visa after you are settled here and then subsequently travel.

I understand there are applicants who have claimed spouse points and feel obliged to travel with their spouse. The fact is there is no way to ascertain if they got those points. Even if they did, there is no documentation that says that spouse should accompany if you have got those points. If there is such a policy, then its not something I am aware of.

[Sher]

Wazir saab,
I agree with what you say.
I was referring to Para 45, Page 26 of the HSMP Policy Guidance (Over 28), which states under "Partners' Achievements":

In order to score in this category, you must provide evidence that your spouse, civil partner, unmarried or same sex partner is educated to degree level (e.g. BA or BSc) or an equivalent vocational or professional qualification. Alternatively, you can provide evidence that they are currently or have previously been employed in a graduate level job (for definition see work experience section). Your spouse, civil partner, unmarried or same sex partner must accompany or join you in the UK. In addition spouse, civil partner, unmarried or same sex partner must not already have been granted settlement (permanent residence) in the UK.

The guidance does not state "when/ at what point in time" is the spouse expected to be present in the UK. Therefore the dilemma ![/quote]

[MWazir]

To be fair to the guidance notes it does say "accompany or join".

If you plan to come here by yourself and then have your spouse join you at a later time then I think you should go ahead according to plan. IMHO Lack of any time frames mentioned means there is no expected time frame. Obviously it is in your own interest to have your spouse here before your extension is due, the earlier the better.