HSMP Entry Clearance question

NationOne · Post by **NationOne** » Sat Mar 13, 2004 8:37 am

I plan to go to India Bangalore's VFS for Entry Clearance.

1. Do I have to submit passports of my wife and son in addition to mine?

2. I hope my wife does not have any sort of restriction to work in the UK.

3. My wife and son will join me later in the UK. Do I have to mention this in the cover letter ?

Chess · Post by **Chess** » Sat Mar 13, 2004 9:49 am

Nation one

1). You need to supply your depedent's ppt's if they are applying for EC with you.

2). Your wife can do all sorts of work in the UK, within the Validity of your HSMP Visa (leave to remain). She is not restricted in the sort of work to do unlike yourself!

3). You need to mention the fact that your depedents will be joining you later once you are established in the UK. you need to mention all your depedants in the VAF. They will obviously have to apply for EC at a later date (within validity of your HSMP Visa), in which case you will have to prove that you have sufficient funds to maintain them in the UK once established.

....in some BHC's, you have to show how your depedents will 'survive' back home, once you are in the UK.

Good Luck

NationOne · Post by **NationOne** » Sat Mar 13, 2004 12:27 pm

Thanks!

Unable to understand what you mean by this.
>>They will obviously have to apply for EC at a later date.

I wish to apply for EC for myself and my dependants together on the same VAF1 form on the same day. All our individual passports will be stamped. I'll fly first and after 3 months my dependants will just fly in without any other formalities. Am I right on this?

>>you will have to prove that you have sufficient funds to maintain them in the UK.

I already have a job offer in the UK, so showing funds may not be critical, right?

Chess · Post by **Chess** » Sat Mar 13, 2004 2:47 pm

nation one,

INMHO everything should be OK. Your initial question was confusing....

So yes, you have to apply with your depebdents and include their passports.

Good Luck

Dip · Post by **Dip** » Mon Mar 15, 2004 3:34 pm

Nationone,

Just to bring to your attention. Someone I know travelled to UK first leaving behind his spouse and kids. When they arrived later at Heathrow, the Immigration officer demanded to see a photocopy of the HSMP holders passport (relevant page + HSMP letter). She hadnt taken a copy.

They gave him a shout on the public address system. Lucky he was carrying his passport.

He was told that the delay could have been avoided if he had given his family a photocopy of his passport stamp + HSMP letter

Rgds
Dip

Kayalami · Post by **Kayalami** » Mon Mar 15, 2004 4:41 pm

Note that if you got additional points from your partner then he/she must accompany or join you in the UK. This will typically be reviewed at the renewal stage by the HSMP Team in the UK but the ECO may ask this at the time of EC application.

Good Luck

Chess · Post by **Chess** » Mon Mar 15, 2004 6:52 pm

Kaya,

This issue of the spouse joining you - if you claimed Spouse points is a bit tricky. it is not stipulated anywhere (that I can remember of) that the spouse MUST join you. Although, I do realise that HSMP immigrants with educated spouses are encouraged to apply.

Although the issue of the spouse 'being' with you will be reviewed at renewal, I suspect that this issue may be waived if the applicant is in paid employment in his/her chosen field and has sufficient proof that they have been economically active/have sufficient funds and there has been no recourse to public funds.

In any case if HSMP team insist on 'seeing' your spouse, its quite possible that they perharps have been separated/divorced etc.

In a nut shell, if you cant bring your spouse and you claimed points for him/her, then INMHO its not really major hindrance, although I suspect that such cases will be very rare

Kayalami · Post by **Kayalami** » Tue Mar 16, 2004 9:59 am

Chess,

This issue of the spouse joining you - if you claimed Spouse points is a bit tricky. it is not stipulated anywhere (that I can remember of) that the spouse MUST join you. Although, I do realise that HSMP immigrants with educated spouses are encouraged to apply.

Both HSMP guidance leaflet (para 7.6.5 & 8.6.5) and application forms (sec 6) point out requirement for your partner to accompany or join you in the UK where they have contributed to your points score.

Although the issue of the spouse 'being' with you will be reviewed at renewal, I suspect that this issue may be waived if the applicant is in paid employment in his/her chosen field and has sufficient proof that they have been economically active/have sufficient funds and there has been no recourse to public funds.

I agree that this requirement is more likely to be an issue where HSMP Team have concerns about economic activity at renewal stage. Renewal HSMP form is cross referenced with original application form and they will see partner points and enquire where partner is if main applicant is struggling.

In any case if HSMP team insist on 'seeing' your spouse, its quite possible that they perharps have been separated/divorced etc.

HSMP Team do not need to physically see dependents or even main applicant - the submission of partner passport with your renewal application acts as prima facie evidence of her/his physical presence in the UK.

In a nut shell, if you cant bring your spouse and you claimed points for him/her, then INMHO its not really major hindrance, although I suspect that such cases will be very rare

Agree renewal primarily depends on level of economic activity by principal applicant. Also HSMP Team have discretion so IMHO don't think its one they would use to deny renewal on its own but as part of an overall set of factors/ reasons of failing to meet the rules where no discretion has been exercised.

_________________

.........Nkosi Sikelele Africa..

Indeed

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