REMAIN in England while HSMP is being processed???

[God's House]

Hi, i need to know if someone having already submitted the hsmp visa, can go to england and remain there till the hsmp comes through. He is currently in nigeria.

need to confirm that when he returns for the hsmp, they would not say he remained for maybe 2-3 months, rather than for maybe 3 weeks if that is what he said when entered England.

I need to know if this hsmp entry clearance officer is only concerned with hsmp, or if they look at past history; ie, if someone said 3 weeks in england and remained for maybe 2-3 months.

Thanks.

[noddy214]

Folks,

I came across couple of posts whereby they have applied or are planning to apply for HSMP and plan to visit UK for the next couple of months till HSMP gets processed.

While technically there should not be any restriction on your stay in UK if you have Vistor's visa and you do plan to come back to your country to process the EC, but if I were the Immigration officer, I definitely would like to question the fact that if you are a Highly Skilled person, how come you are in a position to quit working for 2-3 months.

I mean as a Highly Skilled person, in my own country also, I would be working somewhere and at a reasonably good post. So would a person like that chose to sit idle or quit their job???

Just a thought. Would love to see the moderator's comments.

Noddy.

[Kayalami]

An application for entry clearance as a visitor is considered under the relevant paragraphs of the immigration rules. The key concern for the Entry Clearance Officer is that you are a bona fide visitor who is going to the UK on a temporary basis and intends to leave before the expiry of your visitor's visa.

You can enter the UK as a visitor whilst your HSMP application is being processed. If your HSMP approval comes through when you are in the UK you will have to return abroad and apply for HSMP EC/Visa as you cannot change from visitor to HSMP 'in country'. Likewise there is no basis of remaining in the UK so as to wait for an HSMP application to be decided - you can only be here during the validity of any given visa in this case a visitor's one.

The ECO will not be concerned that you were in the UK for 3 months as opposed to a month as stated at Visitor EC application. This is beacuse you will be returning to the UK in HSMP status which is a category leading to settlement (CLS). The issue of returning back home from the UK in CLS is moot.

However if an applicant applies for another visa in a category which does not lead to settlement e.g. another visitor visa the ECO will review your previous stay's in the UK and query lengthy presences that would indicate you spend a significant proportion of time in the UK.