Validity of HSMP approval letter and HSMP Visa duration

[Ashwin2005]

Experts please clarify. Serious problems, as the validity of HSMP approval letter and Visa period are being mixed up and interpreted in different ways.

Case of Mr X. for illustration

HSMP approval date: July 1 2005
The letter states, out of country applicant should apply for EC within three months (which means by September 30 2005). In country applicant should apply for FLR within 6 months. The letter also states that the Permission document (HSMP approval letter) is valid for 6 months from the date of issue of the letter.

Interpretation, according to me:

Mr. X who is an out of country applicant,

(1) Can apply for EC any time until September 30 2005.

(2) Assuming that Mr. X is submitting the application on September 15 and if his travel date is in say October 15, he can request for post dating to October 15.

(3) In case post dating is accepted, the visa would be valid from October 15 2005 to October 14 2006.

(4) In case post dating is not accepted, the visa -if issued on the same day of the application - would be valid from September 15 2005 - September 14 2005.

Now, incorrect (Or correct?) interpretations:

(5) The Visa, when issued, would be effective from the date of approval of HSMP. (which means issuing from retrospective date..)

(6) Visa is valid only for 6 months as the HSMP approval letter says the Permission document is valid only for 6 months. If this is the case, then the visa is valid only upto December 31 2005 (6 months from the date of approval letter) (Future doomed for the applicant as he is submitting only in September, and he has hardly 3 more months visa validity. Who will give him job in UK?)

How can we handle situations if the interpretations are like (5) & (6)? Should we seek help from HSMP team for clarification? If clarification is sought, when that would arrive, and what if the candidate is already close to the three months deadline for submitting EC application?

Please advise.

[MWazir]

1. Correct
2. Correct
3. Correct, it can be confirmed by looking at the residence permit sticjer they have placed on your passport giving the start date and the end date, effectively the validity of your passport.
4. Correct

5. Incorrect. HSMP approval and EC are completly different stages of your immigration. Just because you have an approval letter does not garuntee you a successful EC.
6. Same as above.

[Ashwin2005]

Thanks very much MWazir for your instant reply.

Can you please provide some guidance on how how to handle situations?

[MWazir]

Ashwin

EC will not make interpretations 5 and 6. In all the tens of thousand of HSMP applicants who have made it to the UK, have never had their EC interpreted by 5 and 6. In the handful of unfortunate cases where people have had problems with EC, it has not been because of 5 and 6. Atleast no one has given 5 and 6 as feedback to this forum.

[John]

Ashwin, as a Moderator I can see your IP address when you post messages and therefore determine where in the world you are. I mention that because it surprises me that someone in a British Mission could be making such an error, especially in the sort of place you are posting your messages from.

If the ECO persists in that incorrect view, I think you should ask the ECO to refer the matter to their Manager, who hopefully will have better technical knowledge of these matters.

If that still does not work then you may need to seek guidance from IND in the UK, but hopefully it will not come down to that.