WP Dependant conversion to HSMP

[dhan]

Hi,

I have a query regarding application of HSMP for my wife. We are currently in the UK - I am on my Work permit and she is my dependant.

She was working in India till Apr 2006 after which she did her full time studies for a year. In June 2007, she joined me in the UK and started working here from Aug 2007.

We are planning to apply for her HSMP by end of this year (she would have completed 6 months in the country by then).

Can anyone help me with the following.

1. Can her salary for a 5 month period(Aug 2007 - Dec 2007) be prorated for a 12 month period, based on the fact that she was in the country for more than 6 months? This would give her enough points to qualify.

2. Can she apply for HSMP approval while she is still in the UK?

3. How long does it normally take for entry clearance (once the application is approved), considering that she has to go out of the country to get her EC ? We are going to India on vacation by end January, so would like to know if we can get the EC during that one month period.

4. I cannot apply for an HSMP now as I am in a non-immigration contract with my current employer. Is anyone of you in a similar situation or have experience applying for HSMP in such a situation?


Thanks,
Dhan

[gorajim]

Chief,

This is a typical catch 22 situation.

Remember that pro-rating is done when the applicant has WORKED in more than one country for the 12 month period being claimed. Since your wife was a student, I don't believe the caseworker will pro-rate the earnings.

Even if they set aside the above point, 5 months' earnings cannot be pro-rated because 5 months in the UK automatically indicates that the majority of the 12 months was spent outside the UK.

Prior to coming to the UK, she was a full time student. Hence the caseworker will look for earnings of 12 consecutive months of the 15 months PRIOR to her becoming a full-time student.

I believe this is the only category she can apply in right now. Remember that u need to furnish documents like Attendance sheets, a university statement saying the course was "full-time" etc., before you can claim points in the above category. Moreover, there is no pro-rating in the taking-time-off-for-studying category.