Got dependent visa(hsmp) now, must enter UK within 3 months?

[jjok]

Hello,

I have an engent question to ask:

my wife got her dependent visa(now), someone told her that she must first enter in UK within 3 months etc. We are not sure if it's true or not? How about if she first enter in UK at Octomber(4 months)?

Thank you very much for your help.

Cheers,
JJ

[vinny]

What is the latest date that I can arrive in the UK with my visa?

The expiry date will be shown on the visa, but remember that this is also the last day on which you are permitted to stay in the UK.

subject to 1.8 - What happens on arrival in the UK?

[jjok]

Thanks vinny,

Does it means she must enter within 3 months?


1.3 - 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.

[vinny]

See also Dependant entry clearance.

[jjok]

Thanks vinny,

I still don't quite understand what's happen if she doesn't enter in UK within 3 months. Will she be refused to enter which is not fair at all.

Does anyone have the same experience?

[vinny]

My friend informed me:

Neither as an ex-immigration officer, nor as an immigration adviser, am I aware of a requirement to make an initial entry within three months of the visa's start date. Certainly, there is nothing in the immigration rules which mandates this. If such a stipulation were to appear in the IDIs, then it would be only a policy consideration and not have the force of law.

However, such a requirement would be redundant anyway because, as you point out on the IB thread, the IO already has the power to refuse entry where circumstances have changed irrespective of the point at which the visa holder travels.

If a visa holder delays travel, I can see how the IO may be more inquisitive of the circumstances, but ultimately he may only refuse entry if the these have materially changed.

[jjok]

That is a great help! Thanks vinny, you are a star!

So can I understand that as: it's not mandate role if our marries status is not change.

The reason I'm asking is because I don't want her to be refused to enter when she come on Octomber.