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How long can I have before entering UK after HSMP's approval

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uniprinciple
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How long can I have before entering UK after HSMP's approval

Post by uniprinciple » Fri Jan 05, 2007 3:56 am

I am still a little bit confused on that following things, can anyone please clarify for me?

1) How long can I have before entering UK after HSMP's approval?

2) In the approval letter, do they specify when you must enter UK? is there any expiry date of the approval? and when the expiry date will be counted from? is it from the date of the decision or the date you enter UK?

3) Based on the current situation, do we normally get 1 + 3 or 1 + 4?

Thanks

olumighty
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Post by olumighty » Fri Jan 05, 2007 6:00 am

There are two basic step: Getting the HSMP approval letter and the the EC (HSMP visa).
The HSMP approval letter is valid for six months from the day it was approved, hence you will have to present it to the local BHC for the EC within six months.
The EC is normal supposed to be for 2 years and has no time frame attached to it but it is better move to UK ASAP so you can settle down on time.So you are to get 2+3

Jayceesh
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Post by Jayceesh » Fri Jan 05, 2007 9:21 am

It is worth knowing that some British Embassy or High Commission still give an initial 1 year period instead of the 2 years they are supposed to give.

So you may get a 1+4 or a 2+3... but the most likely scenario is a 2+3

Rich ZA
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Location: South Africa

Post by Rich ZA » Fri Jan 05, 2007 9:39 am

A follow on to this query:

From which date is the 2 years calculated, when HSMP was approved, EC approval or the date of arrival in the UK?

olumighty
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Post by olumighty » Fri Jan 05, 2007 10:18 am

The two years should start counting from the date the EC was issued (approved)

olisun
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Post by olisun » Fri Jan 05, 2007 4:59 pm

olumighty wrote:The two years should start counting from the date the EC was issued (approved)
Right, in terms of duration of the EC validity but the countdown for ILR starts day you enter the UK.

uniprinciple
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Post by uniprinciple » Sat Jan 06, 2007 2:25 am

Do I need to enter UK as soon as possible after I get EC approved? I think the question being how it will affect the extension of HSMP if I delay the entry after EC.

The reason why I am asking this question is because after I get EC, I will give my current company about 5 weeks' notice. and then do some packaging and preparation which could take up to 2 months potentially. Would that be all right if I enter UK 2 months after EC's approval? or what's the max length I can have?

Thanks

olumighty
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Post by olumighty » Mon Jan 08, 2007 6:02 am

You can enter UK anytime within the period of your EC is valid,just that the earlier the better.Three months after EC is very okay and reasonable.

rizwan567
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Post by rizwan567 » Tue Jan 09, 2007 12:10 pm

It is in your best interest to enter in U.K in less than 3 months after issuance of EC. If you enter in the U.K in less than 3 months time then you are eligible to apply for ILR after 5 years time. But, if you enter u.k after 3 months of issuance of EC then you will not be able to apply for ILR after 5 years... you are only able to apply for ILR after 5 years and 3 months. That means you will need another extra extension of one year.. so why take headache once again................... it would be like this if your initial visa of 1 year (1(EC)+4(Extension)+1(extra extesnion to apply for ILR).. So to avoid an extra extension of 1 year, it is advised that you enter within 2 months and 29 days of issuance of EC. If you can not enter within 3 months then no problem you can enter u.k anytime between 12 months period...but late you go, you will have less time to do income, consequently more problems you face for extension. If you enter in the U.K in 10th month of issuance of your EC and you fullfill requirements of hsmp extension FLR(HSMP) and score 75 points then you will still get full extension...... In short

For extesnion, the question is not when you enter, the question is if you score 75 points..

To get ILR in 5 years and to avoid 1 extra extesnion, you need to be in the U.K in less than 3 months of issuance of your EC.

Hope this helps.... group members are welcome to correct if i am wrong in explanation.

uniprinciple
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Post by uniprinciple » Wed Jan 10, 2007 8:53 am

Thanks rizwan567.

The first part in terms of how that will affect the ILR makes sense for me.
But I am still a bit of confused about the second part about getting extension.

if I am getting 1+4 and if I go at the 10th month after the EC, how that affects the extension? and what about 2+3? I guess the question comes to what the requirements are for getting extension.

Jk2007
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Post by Jk2007 » Fri Jan 12, 2007 6:55 pm

rizwan567 wrote:to avoid an extra extension of 1 year, it is advised that you enter within 2 months and 29 days of issuance of EC.
Where is this rule mentioned? Can anyone please provide the link?

olisun
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Post by olisun » Fri Jan 12, 2007 9:44 pm

do the calculations yourself...

ILR = 5Yrs continuous stay in the UK

So if you have been less than 5 yrs in the UK how can you apply for ILR without further extension to your visa?

Jk2007
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Post by Jk2007 » Sat Jan 13, 2007 7:49 am

The qusetion is: Can we arrive after 2 months and 28 days of issuance of the EC, and still can apply for ILR after 5 years of HSMP visa period. Would this not be 5 years minus (2 months and 29 days)?

lanwarrior
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Post by lanwarrior » Sat Jan 13, 2007 9:41 am

Here's my 2 cents:

- HSMP was approved in August 17, 2006.
- EC applied on December 11, 2006, noting in the application that I am arriving in UK on January 10, 2007.
- EC approved in 2 days and the visa stamp is shown with a START DATE of January 10, 2007.

So if you apply for EC, put the date of your expected arrival so that the British Consulate can issue the EC Visa stamp with the correct date.

However, here's where I get confused about HOW LONG can you remain outside of UK without affecting the 5 years ILR application:

I am a consultant and I travel a lot, even outside of UK but still within EU (France, German, etc.) I am aware of HSMP requirements that I should not be outside of UK for more than 6 months CONTINOUSLY. However, if every year I will be outside of UK for a TOTAL average of 2 months, which equal to 10 months over 5 years, does this means I have to wait 5 years and 10 months before applying for ILR?

My understanding is that applying for ILR requires that I do NOT remain OUTSIDE of UK for "extended period" over 5 years. It is unfair for someone with HSMP to NOT be allowed to leave UK at all for the WHOLE 5 years CONTINOUSLY, even for vacation or business trip.

Jk2007
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Post by Jk2007 » Sat Jan 13, 2007 9:55 am

lanwarrior wrote: - HSMP was approved in August 17, 2006.
- EC applied on December 11, 2006, noting in the application that I am arriving in UK on January 10, 2007.
- EC approved in 2 days and the visa stamp is shown with a START DATE of January 10, 2007.
In the above case, consider the candidate arrives on March 11, while the start date of EC is shown as January 10 2007. The HSMP and the HSMP Extension will expire on January 10, 2012. However since the candidate has arrived 2 months later than the EC date, the candidate would have completed only 4 years and 10 months of stay. Does this mean that on January 10, 2012, the candidate has to apply for another FLR(HSMP) to complete two more months before becoming eligible to apply for ILR?

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