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Time restriction for HSMP dependent

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

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ashishashah
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Time restriction for HSMP dependent

Post by ashishashah » Wed Feb 07, 2007 8:39 pm

Hello,

I am in UK on HSMP...My Wife(Dependent on HSMP) will join me after 3 months( that will be 5 months after EC stamping)..

Will it be a problem for her, that she is coming to UK so late afte EC stamping ??I mean for extension/PR etc...I am anyways fulfilling time requirements as HSMP holder...

Any idea any one??

Thanks
Ashish

sunil.suneel
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Post by sunil.suneel » Thu Feb 08, 2007 3:41 am

well i dont see any problem for her when it comes to extension .... cos again she would be your dependent ....

But am not so sure as to how it works when it comes to PR .... i.e ILR ....

Members please put some light on this .....

olisun
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Posts: 1079
Joined: Mon Oct 14, 2002 2:01 am

Re: Time restriction for HSMP dependent

Post by olisun » Thu Feb 08, 2007 6:59 am

ashishashah wrote:Hello,

I am in UK on HSMP...My Wife(Dependent on HSMP) will join me after 3 months( that will be 5 months after EC stamping)..

Will it be a problem for her, that she is coming to UK so late afte EC stamping ??I mean for extension/PR etc...I am anyways fulfilling time requirements as HSMP holder...

Any idea any one??

Thanks
Ashish
Your wife will have not have any problems getting ILR considering she is phyically present in the UK at the time of your application.

BUT to apply for BC she needs to complete 5yrs stay in the UK if not married to a British citizen or 3yrs if married to a British citizen

Zee_Zee
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Post by Zee_Zee » Fri Feb 09, 2007 7:50 am

Dear ashishashah,

I was also planning for the same route until I read the following (Especially the text in bold):
1.4 - Validity of entry clearance and leave to enter
The validity of entry clearance and leave to enter are normally the same. There are two significant dates on the entry clearance, the 'effective' date and the 'expiry' date. In most cases, the 'effective' date will be the date on which the entry clearance is issued. However, some applicants may not intend or be able to travel to the UK immediately following their application and Entry Clearance Officers have discretion to defer the 'effective' date for up to three months after entry clearance has been authorised. Therefore, to prevent unnecessary applications for an extension of stay, Entry Clearance Officers should confirm an applicant’s date of travel. For applicants in long-term categories who are subject to either a qualifying period before applying for settlement, or to a limit on their total length of stay in that category (i.e. work permit holder and their dependants, UK ancestry, au pairs, and working holidaymakers), leave to enter should begin on the date they arrive in the UK (within the three month limit). This will ensure that the maximum leave to which they are entitled is given. Similarly, an Immigration Officer has authority to vary or extend leave where permitted, on arrival in the UK.

The 'expiry' date reflects the date on which the entry clearance and leave to enter are no longer effective. After this date the entry clearance will not be valid for travel to the UK, nor will it confer leave to enter.

A person granted entry clearance may travel to and remain in the UK for the purpose it was granted as many times as they wish while it remains valid. The maximum time a visitor is permitted to remain in the UK on each separate visit, however, is six months. Where visit entry clearance has been issued for multiple journeys (normally over a 1, 2 or 5 year period), the duration of each visit will be limited to a maximum of six months. This limitation appears on the entry clearance vignette under the heading “duration of stay”.

A list of leave to enter endorsements for each category of entry clearance is at Annex 1.2. These endorsements are computer generated and automatically appear on the entry clearance vignette. In case of equipment failure, the endorsements should be hand-written in black ball point pen.




I found this information at http://www.ukvisas.gov.uk and saved it to share with others. Any comments are more than welcome.
Regards,


Z Z.

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ashishashah
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Post by ashishashah » Fri Feb 09, 2007 8:17 am

Hi,

It has been 3 months since me and wifes visa was stamped(Stamped on Nov 12 '06)...I am already in UK...So cannot she enter UK now???

I understand that she will have problems with ILR, but what about immediate impact(entering UK)?

Can some one pl. help me??This is news to me

Ashish

sunil.suneel
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Post by sunil.suneel » Fri Feb 09, 2007 9:50 am

Ashish ...

As of now she can enter as your dependent as long as you are in UK and have a valid HSMP :-)

And she can enter any time during this time :-)

Hope this helps ....

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ashishashah
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Post by ashishashah » Fri Feb 09, 2007 9:54 am

Thanks ,

That is reassuring...

Ashish

Zee_Zee
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Post by Zee_Zee » Fri Feb 09, 2007 8:07 pm

Dear Sunil,

Are you reassuring this based upon some case or is it just your thought? What about the extract that I referred above? Didn't that propose that one (primary applicant + dependent) should travel within 3 months?
Regards,


Z Z.

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ashishashah
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Post by ashishashah » Fri Feb 09, 2007 8:09 pm

Dear John/Moderators,

Any inputs please??

Thanks
Ashish

Zee_Zee
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Post by Zee_Zee » Sat Feb 10, 2007 6:19 am

Dear Moderators/Senior Members/Anyone who went through the same situation please respond.
Regards,


Z Z.

olisun
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Post by olisun » Sat Feb 10, 2007 9:41 am

Zee_Zee wrote:Dear Moderators/Senior Members/Anyone who went through the same situation please respond.
Do a search on this forum...

This question has been answered quite a few times and there are hsmp candidates who have been thru this situtation.

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