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HSMP and leaving the country.

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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hopefulApplicant
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Joined: Sat Jan 06, 2007 12:00 pm

HSMP and leaving the country.

Post by hopefulApplicant » Thu Jul 05, 2007 2:26 pm

Hi All,

NOTE: I accidently posted this in the general immigration forum. Sorry for the cross post, but it is related to HSMP so I am re-posting here to get replies.

Earlier this year, I finally got my HSMP visa approved. Soon after, my wife fell pregnant, and after much discussion, we have decided to go home to have the baby and will probably end up staying there for possibly up to a year.

If we do stay home for the full year, I will still have 6 months or so on my current HSMP. Are we eligible to still re-enter the UK? I know there are issues when trying to apply for PR after long absenses. However, I would still like to know if we can re-enter the UK and apply for FLR when our current HSMP visa expires.

Also, for the first few months when we leave the UK, I am still going to be doing some work for the client I currently contract to. This will be done through my UK based limited company. It is simply that I will be doing it from home rather than from the client's site. Are there any issues that people are aware of with doing this?

Thanks,
Chris
Last edited by hopefulApplicant on Fri Jul 06, 2007 10:14 am, edited 1 time in total.

PounceQuick
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Posts: 52
Joined: Sun Nov 06, 2005 10:07 pm
Location: London

Post by PounceQuick » Thu Jul 05, 2007 2:56 pm

I haven't checked but I sort of remember that you are only allowed to be away from UK for maximum of 3 months in a year to qualify for settlement in the UK during your HSMP period.

hari15
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Joined: Thu Sep 28, 2006 3:44 pm

Post by hari15 » Thu Jul 05, 2007 3:10 pm

you can enter Uk anytime until the Visa expires..(I hope..)

But HSMP extension will be definitly a problem..

For settlement you may need to apply again for HSMP freshly

gordon
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Joined: Fri May 11, 2007 4:48 pm

Post by gordon » Thu Jul 05, 2007 5:48 pm

Your FLR application will be based on your earned income, regardless of where it was earned, and you should have no problem getting back into the country later on. But, if I'm not mistaken, staying away for that long should effectively reset your settlement clock, if you're of a mind to aim for permanent residence after five years. AG

SYH
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Location: somewhere else now

Post by SYH » Thu Jul 05, 2007 5:53 pm

You should return the UK before the visa expires and make that your start date of your HSMP. There is consideration for absences related to pregnancy so I'd try to minimize your time away as you aren't the one who is pregnant

hopefulApplicant
Newly Registered
Posts: 28
Joined: Sat Jan 06, 2007 12:00 pm

Heading home.

Post by hopefulApplicant » Fri Jul 06, 2007 10:12 am

SYH wrote:You should return the UK before the visa expires and make that your start date of your HSMP. There is consideration for absences related to pregnancy so I'd try to minimize your time away as you aren't the one who is pregnant
Thanks for the repsonse. We are currently already in the UK on the HSMP visa and therefore will have to live with the consequences of moving back home.

I was under the impression that absences over 3 months only affected your application for Permanent Residency and not for FLR. Can anyone clarify that for sure?

Thanks again for all the responses.

Chris

WoodieG
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Post by WoodieG » Fri Jul 06, 2007 11:50 am

One of the conditions of HSMP is that the holder intends to make the UK their main home, so time abroad may indicate this condition has not been met.
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Zx14 Vs Hayabusa
Last edited by WoodieG on Tue Mar 08, 2011 4:57 pm, edited 1 time in total.

SYH
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Re: Heading home.

Post by SYH » Fri Jul 06, 2007 11:53 am

hopefulApplicant wrote:
I was under the impression that absences over 3 months only affected your application for Permanent Residency and not for FLR. Can anyone clarify that for sure?

Thanks again for all the responses.

Chris
Yes and no. When it comes to renew, you should show that you were working in the UK which is the basis of the visa. Because you are billing via your UK limited company for the duration outside of the UK, then you probably can work around it.

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