EC Questions - Urgent

[zu79]

I got my HSMP approval and planning to apply for EC from outside UK by next week. I have few queries. Appreciate your help in getting this answered.
1. It seems the latest form that is available for EC is VAF1 Oct 2006. Can somebody please confirm this?

2. In section 1 question "What type of visa are u applying for?", Can I tick Others and specify HSMP. Please confirm.

3. My wife also would be travelling with me. So we would have to fill seperate VAF1 form for her to get HSMP dependent visa for her. Do we need to pay seperate fees for both the applications?This might sound stupid question but believe me I could not find this info anywhere.

4. Can someone advise on the best option from below
a). I travel on HSMP primary applicant visa and my wife also travel on HSMP primary applicant visa.
b). I have HSMP and my wife accompanies with me as HSMP dependent and then we both search for job in UK.
c). I travel on HSMP. My wife travels on WP. Once we settle down in UK, she switch over to HSMP dependent visa to have flexibility in chosing employers.

5. Is it possible to have both HSMP and WP?. Is it possible to have HSMP switched to WP. Let me explain why I am asking this question. My wife has very good chance of getting UK assignment from her current company on WP. But if we get her HSMP dependent visa done, then employer might not give UK assignment thinking that she might never return back and switch job in UK.

6. Can someone help me answering below questions from VAF1 form?
a.) On what date do you intend to arrive? - I am planning to go after 2-3 months. Do i need to mention tentative date? Or can i leave that field blank?

b). Please give name, address and telephone number of UK employer? - Can I leave this blank as I do not have any job offer as of now.

7. I plan to stay with my close friend in UK. What all original documents would I need from him to submit along with VAF1?

Please help me out as I am kind of too confused with these queries and want to apply as soon as possible.

Thanks
zu79[size=18][/size]

[John]

Using your numbering :-

1. Yes, confirmed
2. Yes, confirmed
3. Yes, two forms and two fees to pay
4. Your wife also has HSMP approval in her own right? If so, your (a). Otherwise, your (b)
5. Why would you want to do that? HSMP is far superior to WP. It gives you the right to work for anyone without the employer needing to go to the bother of getting a WP for you.
6. 1. If you know that you will definitely not travel before a certain date, well enter such date.
   2. Leave blank. Totally OK for HSMP.
7. You use the word "I" but surely you mean "We"? Whatever, get your friend to confirm the arrangement in writing, and ensure that the friend gives some detail about the accommodation, to show that it will not be overcrowded.

Hope this helps.

[zu79]

That really helped John. Thanks! I appreciate your help.
Re: 4). She currently does not have HSMP. Since my wife also has similar experience and skills as I have, We were planning to get her HSMP done as well instead of just a dependent visa. Your thoughts on this. If it is not that much important we would not go for it as it is very expensive.
Re:5). I & my wife are currently working in India. It would be easier for her to go frm indian company on a temporary assignment to UK and then shift jobs instead of taking a risk of leaving job here and then going to UK and searching jobs. But once employer here knows that she has hsmp and has plans to settle in UK, she might not get that assignment. So my question is
Will it make sense if i travel on HSMP and she on WP. Later, once we settle down she would change her status from WP to my HSMP dependent?
Re:7). Somewhere I read that we need following documents/info from sponsor/friend.
a). Passport copy b) 6 months bank statement c) tax returns d) rent aggreement e) letter from friend confirming accomodation
Do we really need all these documents?or is it just a nice to have list.
Thanks in advance.

[vbellino]

Hi John and zu79,

What is the impact of entering in the UK 2 months after your EC is issued? This is still not clear for me, although I've read many posts here regarding this subject.

Suppose that I have my HSMP approval letter as of 05-Nov-06, but I plan to enter in the Uk only at 10-Fev-07 (informed in the VAF-1). If I apply for EC and got it approved at 10-Dec-06, for instance, will the visa be valid from 10-Fev-07 to 10-Fev-09 or from 10-Dec-06 to 10-Dec-08 ?

Another question is regarding ILR and FLR, which I understand might be impacted by a delayed entry. We are supposed to stay in the UK for a continuous period of 5 years for ILR or 2 years for ILR. How do they consider the "continuous" period? If I leave and return to the UK in periods less than 3 months, they consider your whole stay as a continuous period, is that right? Or do they also sum up all your time outside UK, even short weekends in another European country, and check if this total doesn't reach a certain limit?

Thanks a lot!

Regards,

V.

[zu79]

John/Moderators/Senior members,

Can someone please provide clarifications to point # 4, 5 and 7 above.
I need to urgently apply for EC.

Thanks in advance.

zu79..

[John]

ZU79, continuing to use the numbering :-

4. Do you appreciate that it is not possible to submit a HSMP application at the moment, and when it is again possible next month all the rules have changed. Does your wife qualify under the new HSMP rules announced earlier this week?

5. Surely it is easier for her to get a HSMP dependent visa. That would give her ability to work for any employer without needing a WP.

7. Supporting evidence? Could someone who has actually applied for EC in India, following HSMP approval, kindly clarify what evidence the BHC require.

[John]

Vbellino, ordinarily the EC will have a start date of the date of issue. However if you know your travel to the UK is going to be delayed you can request that the start date be deferred to a date up to three months later.

As regards eventual ILR, a delay to the EC start will obviously have an impact on getting ILR after 5 years. As regards absences from the UK, well the EC is multi-entry ... you are allowed to leave the UK and to return. Absences of no more than 3 months per year are hardly likely to cause a problem getting ILR, and will not delay when ILR can be applied for.

[vbellino]

Hi John,

Thanks for your comments.

Yes, my main doubt was regarding the start date, it is clear now that I can request it to be up to 3 months later than the date I apply for EC (before 6 months of HSMP approval date), great! Thanks!

Regarding FLR, I meant the impact of a later entry after the start date, as I was not aware that I could request a later start date and I’d like to apply for EC as soon as possible. Basically, the consequence is that I'll have to show earnings for past 12 months for FLR (in case of a 2-year EC), so the closer the start date is to the arrival date, the better it is. As I can request the start date for up to 3 months from the date I apply for EC, this solves my problem, thanks!

Regarding ILR, yes, I know HSMP is multi-entry, but as far as I read after I posted here the absences can’t total more than 6 months within the 5-year period, besides the fact that an absence longer than 3 months resets the counting period. Actually, this 6-month limit was the information I was looking for, but thanks anyway. Moreover, I read a post here saying that the ILR period counts from arrival date in the UK.

Please, feel free to add any comment.

Thanks,

V.