Help in application for HSMP Dependent Visa

[afridi]

Dear All

I am HSMP (not Tier 1 specifically) holder and was issued EC this year in April valid till April 2013. I visited UK in June, for a month, to test the market but have not yet relocated to the UK.
I do not plan to "move" permanently to the UK before Jan 2011 but would be visiting it often till that time. Meanwhile, I've already received my NI card and opened a bank account there.
As rules for dependent application would change post-29 Nov 2010 (english language test becomes mandatory), I would like to apply for my wife's visa within Sep/Oct 2010. My questions:

-The visa form asks for main applicant's job details, employer details, dates of joining, etc. As I have yet not taken up any employment in the UK, can I still go ahead with my spouse's application? (and mention on the application that I'm looking, which is a fact. Due to the difficult present times, I'm following a prudent approach and have not yet resigned from my job which is mostly based in Europe)

-Is it necessary to provide a tenancy agreement?

My argument for not providing the above mentioned info/docs is the fact that I have enough savings to show (approx. GBP 20 K) maintained for abt a year, in my home country's account. Do you think I'm thinking on the correct lines?

Appreciate help in this regard.

A

[hsmp1412]

Dear All

I am HSMP (not Tier 1 specifically) holder and was issued EC this year in April valid till April 2013. I visited UK in June, for a month, to test the market but have not yet relocated to the UK.
I do not plan to "move" permanently to the UK before Jan 2011 but would be visiting it often till that time. Meanwhile, I've already received my NI card and opened a bank account there.
As rules for dependent application would change post-29 Nov 2010 (english language test becomes mandatory), I would like to apply for my wife's visa within Sep/Oct 2010. My questions:

-The visa form asks for main applicant's job details, employer details, dates of joining, etc. As I have yet not taken up any employment in the UK, can I still go ahead with my spouse's application? (and mention on the application that I'm looking, which is a fact. Due to the difficult present times, I'm following a prudent approach and have not yet resigned from my job which is mostly based in Europe)
Yes

-Is it necessary to provide a tenancy agreement?
No

My argument for not providing the above mentioned info/docs is the fact that I have enough savings to show (approx. GBP 20 K) maintained for abt a year, in my home country's account. Do you think I'm thinking on the correct lines?
Yes

Appreciate help in this regard.

A

[afridi]

Thanks for your help.

The Gerry's UK Visa customer service has again confused me today. Yesterday when I called for info, they confirmed that tenancy agreement and uk employment is not necessary as long as one has adequate maintenance funds.

When I called them today to book an appointment, the jerk tells me that accommodation arrangement as well as source of income is required! If I'm still working for my employer in pakistan, i need to submit salary slips as well!! (which are in PKR) Although I think submitting these salary slips could backfire as the BHC might say that since you are still working in pakistan and have not relocated to uk, you don't plan to avail the HSMP in its full spirit.

I'm really confused.....if someone please give me some solid info and confidence :s

[geriatrix]

You say you are on HSMP. Could you please explain how? And also, if you are on HSMP is your wife applying for EC as dependent of HSMP migrant or EC as dependent of Tier 1 migrant? The entry requirements are different for each.


regards

[afridi]

I had gotten my HSMP in later 2007. I had applied for EC then which got refused. I appealed against the decision on/about May 2008 and my appeal was accepted in Sep 2009 and the decision reverted. I submitted my passport in Apr 2010 (I couldn't do so earlier as I was travelling continuously) and got my HSMP visa (for 3 years, under the old scheme) stamped.

Therefore my wife is going to apply as a dependent of HSMP migrant.

[geriatrix]

Therefore my wife is going to apply as a dependent of HSMP migrant.

In that case, maintenance and accommodation requirement applies (194(iii) and 194(iv)). See also Maintenance and Accommodation (MAA)


regards

[afridi]

Understood. Thanks you so much for the help.

One more thing....I understand I have to show maintenance. But what abt source of income? Do I need to submit my salary slips from employer in Pakistan? Are they relevant? Knowing that the bank statement for maintenance funds is not going to be of my salary account.

[geriatrix]

Maintenance funds is not a requirement for EC as dependent of HSMP migrant. This is a requirement for Tier 1 migrants and their dependents!

Check with Gerry's which form is she required to use for EC application. Under HSMP rules, she should be using VAF2 but I suspect Gerry's will tell you VAF10! If VAF10, then she will be applying under the Tier 1 rules (no need for evidence of accommodation or income). If VAF2 then she will be applying under HSMP rules (evidence of income and accommodation required).

Evidence of income in Pakistan should not be a problem, given that you are yet to travel to the UK.


regards

[afridi]

Gerry's have told us VAF10. But the fees she would be paying is the old one!
Btw, I have already traveled to the UK and stayed there for a month (met some headhunters/consultants).

[geriatrix]

Gerry's have told us VAF10. But the fees she would be paying is the old one!

As I had suspected!

Anyhow, there is no requirement for evidence of accommodation or income under Tier 1 rules (319C).


regards

[afridi]

thank you sushdmehta for your assistance.

the incompetency of gerry's staff has put me under enough stress

One last question.....in the end, do you suggest that effort should be made to arrange the tenancy agreement and pakistani source of income or leave it altogether and stick to the point?

[geriatrix]

Under Tier 1 rules, not required. Neither the policy guidance nor the immigration rules mention anything of the sort.

It is only when main migrant is in the UK and is able to provide evidence of income and accommodation that it is suggested that there is no harm in including these documents if the main migrant wishes / desires to do so.


regards

[afridi]

many thanks