Transitional arrangements for HSMP to Tier 1?

With the transitional arrangements for HSMP approval letter holders, it is stated that the application for entry clearance will be under Tier 1. HSMP was for 2 years and Tier 1 is for 3 years. How many years will be granted when applying for entry clearance under Tier 1 with a HSMP approval letter? 2 or 3?

3 yrs

Thank you T90! Just to confirm, that's 3 years from the intended travel date stated when applying for EC? I was told by the visa application centre that that can be 89 days from the date of EC application.

The topic must've been brought up before but I just can't seem to find anything on it....

See 1.3 - Validity of entry clearance and leave to enter

regards

I was told by my local visa application centre that it will be for two years in cases such as these. According to pg 9 on http://www.ukba.homeoffice.gov.uk/sitec ... yguide.pdf it should be three years? Or am I misinterpreting it?

sushdmehta wrote:See 1.3 - Validity of entry clearance and leave to enter

Thanks sushdmehta. According to that, an intended travel date of up to 3 months at the time of EC application is allowed. That pretty much matches the 89 days that I was told by the VAC.

I'm not sure about the following part though.

'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).'

That applies to HSMP / Tier 1, doesn't it? Does it mean that entry into the UK must be made by the intended date, effectively a maximum of 3 months after EC application and not any time within the 2 or 3 years validity period??

pyke wrote: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 essentially means that the qualifying period for settlement (aka ILR) starts from the day you (physically) enter UK.

Requesting for a post-dated leave to enter (max. 3 months) is one thing, duration / validity of entry clearance another and actually entering UK yet another. What's worrying you? If you could explain a bit more clearly.

If you are worried if there is a time restriction within which you must enter UK after your passport is endorsed with a leave to enter, then reading this might be useful.


regards

Thanks for the link! That is reassuring.

Requesting for a post-dated leave to enter (max. 3 months) is one thing, duration / validity of entry clearance another and actually entering UK yet another. What's worrying you? If you could explain a bit more clearly.

Well basically, I am concerned about the time frames for each stage. Is this correct?

When applying for EC, the intended travel date can be deferred for up to 3 months. The visa will be effective from that deferred date and valid for 3 years. There isn't a time restriction within which one must enter UK after receiving the visa, as long as it is within the 3 years.

That's according to the other posts I've checked, but the staff at the VAC are confusing me by insisting that I have to apply for EC and enter UK within the 6 months validity period and that the visa will be for 2 years. I'm worried that it could lead to complications when I submit my application. Perhaps I'll call again and ask a supervisor....

pyke wrote:There isn't a time restriction within which one must enter UK after receiving the visa, as long as it is within the 3 years.

I believe so.

pyke wrote:I have to apply for EC and enter UK within the 6 months

I am given to understand that this is perhaps true for EC applications on basis of WP.

regards