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Minimum stay time to continue HSMP

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Rajan
Junior Member
Posts: 54
Joined: Sun Jun 20, 2004 6:20 pm

Minimum stay time to continue HSMP

Post by Rajan » Sun May 21, 2006 3:55 pm

Hi All,

Could anybody pls tell me that after getting HSMP, how much time one can spend outside of UK.
i.e. Once you got HSMP & entered UK, after that whats' the minimum period in a year you've to stay in UK to keep HSMP running?

One more thing, what 'll be the immigration status of the child born to a HSMP holder?

Any guidance on this is appreciated.


Thanks,
Rajan
---- Never Say No To Life ----

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 4:41 pm
Location: London

Post by MWazir » Sun May 21, 2006 4:40 pm

There is no specific minimum period you have to spend. As HSMP is an indication that you intend to make the UK your home, it would look contradictory if you spend time outside the country and as a result may not get an extension of 3 or 4 years as would be normal to other applicants.

Having said that, I knew a business development manager who frequently travelled abroad and got his extension. His travels were based on business purposes and he was taxed in the country. Therefore time spend out the UK thats work related may still be acceptable but not prolonged absences for personal reasons.

The third point for you to consider is that if you do intend to settle here, then the longer time you spend outside the country, the longer it will take you to get indefinate leave to remain.
what 'll be the immigration status of the child born to a HSMP holder?
I am assuming you mean born in the UK.

The child is not automatically British and will be a dependent on the HSMP holder. As it is born in the Uk, once the HSMP holder has ILR, the baby can be registered as a British citizen.

Rajan
Junior Member
Posts: 54
Joined: Sun Jun 20, 2004 6:20 pm

Post by Rajan » Sun May 21, 2006 5:16 pm

Thanks for your prompt reply, MWazir!


Is it like, one cannot spend time of over 3 months outside of UK to sustain his HSMP status?


Thanks,
Rajan
---- Never Say No To Life ----

madmax
Newly Registered
Posts: 26
Joined: Thu May 18, 2006 8:58 pm

Post by madmax » Tue May 23, 2006 10:36 am

Mwazir,
Does this apply only to the primary applicant of HSMP visa ? Or does this apply to spouse too ?

For example, I have claimed 10 points for my wife's qualifications. Can she stay out of the country for personal reasons for several months ?

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 4:41 pm
Location: London

Post by MWazir » Tue May 23, 2006 11:43 am

IMHO, as long as you are here and economically active, it does not matter if your dependents spend some time outside the UK.

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 4:41 pm
Location: London

Post by MWazir » Tue May 23, 2006 11:49 am

Rajan wrote:Thanks for your prompt reply, MWazir!


Is it like, one cannot spend time of over 3 months outside of UK to sustain his HSMP status?


Thanks,
Rajan
Like I said before, there is no specified number of days you are allowed to spend outside the UK for the purpose of getting an extension.

LUCKy
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Post by LUCKy » Tue May 23, 2006 6:22 pm

There is compulsion, HSMP Holder cannot live outside the uk for more than continuous period of 3 months. However, one can visit outside by intervals (less than continuous period of 3 months). To get ILR, all visits cannot be more than 6 months in total.

madmax
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Joined: Thu May 18, 2006 8:58 pm

Post by madmax » Tue May 23, 2006 9:33 pm

LUCKy wrote:There is compulsion, HSMP Holder cannot live outside the uk for more than continuous period of 3 months. However, one can visit outside by intervals (less than continuous period of 3 months). To get ILR, all visits cannot be more than 6 months in total.
Yeah that is what the HSMP manual says. I didn't know how it would be interpreted though. MWazir's response suggests that this should apply only to the primary HSMP holder. ie. the spouse can stay out of the country longer than what is suggested in the rule book.
What is also encouraging from MWazir's post is that if your absence is mostly due to business related international travel, then there is a good chance that HO will ignore that period, as long as you are employed or show the necessary income & pay taxes.

MWazir
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Posts: 1160
Joined: Wed Aug 25, 2004 4:41 pm
Location: London

Post by MWazir » Tue May 23, 2006 9:50 pm

as long as you are employed or show the necessary income & pay taxes
You would want to include all documentation that point towards the business travels such as invitations etc

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