Tricky Situation....

Friends,

Pls help me out I need suggestions for the following...



1. Spouse: Currently i am undergoing a divorce process. It'll take another 4-5 months to complete. Should i apply for Spouse points as well???
...And Secondly, what should i mention in the application, Married or Unmarried, Or Divorced??? Pls comment Kayalami, Chess...& all



2. If i am just claiming/earning 65 points(at border), 'll that effect my chances to get approval??


Thank You All !!!!

Rajan

As per policy you cannot claim points for spouse if she is not going to accompany you to UK and/or you have not been living together for last 2 years.

BUt ! If you are not divorced at the time when you are applying for HSMP, you can claim your points for Spouse as per rule. In HSMP application form there is no option like "If you are in divorce process, What is your expected date of divorce ?".

Unless you get final notice from Court for acceptance of your divorce, you are legally married to your wife and 100% elligible to claim point for Spouse.

Should somebody show valid arguments why I might be wrong ? !!!

Any Suggestions from Other Guru's like Kayalami, Joseph, Chess and JayGee ... Pls help me ...

Thanks !!!

In the HSMP Guidance under sl. no. 7.6.3 and 8.6.3 it is mentioned that

" If you are applying as a married couple you must supply a marriage certificate/ license plus three items of correspondence of the kind, or from the sources ,listed below, which have been addressed to you and your spouse over the past two years, and which clearly show that you have been living together at the same address. If you have not received any such correspondence that is addressed to you both, jointly, it is acceptable to provide two items addressed to one of you and one item addressed to the other partner so long as they show the same address."

Plz note that it is mentioned here "you have been living together..."


So question, dose living togather take place under same roof when divorce is under process ?

Thnx

SNM

Rajan bhaji,
Yaar u seems to in petty confused state. From the couple of posts that I read from you It looks u want to change job. U are in divorce process. First cool your nerves. In the mid you want to apply for hsmp & thats means looking for another job in uk when is certainly difficult & need patince . Currently where r u residing. In India or US?.
Boss first be strong mentally & don't try to run away from the things. Do the stuff one by one.

1> see if ur marrige can be saved( make sure nothing is wrong on urside by talking with marrige counceller)
2> After sorting out marrige then see if ur role & asprirations in present country & company meets where u think u will be in 10 years
3> Then see if hsmp / uk as country of living fits in ur scheme .If fits go ahead & apply.

cheers

Simar, that is exceptionally brilliant of you. Thanks for the good counsel to Rajan, i hope he takes it.

rajin wrote:1. Spouse: Currently i am undergoing a divorce process. It'll take another 4-5 months to complete. Should i apply for Spouse points as well???
...And Secondly, what should i mention in the application, Married or Unmarried, Or Divorced??? Pls comment Kayalami, Chess...& all

Simar has doen a good job in addressing the moral issues on this so I'll stick to the immigration aspects. Until the divorce is finalised you are married - state this in the HSMP application. If you meet the 'co-habiting' criteria for a spouse you can also apply for such points. Note that where you get additional points from a spouse they must 'accompany' or 'join' you in the UK. IMHO the 'spouse'/'partner' is not in UK issue comes up at renewal time where you have struggled to be economically active - it may be that a spouse's/ partner's earnings may result in the HSMP Team being more lenient in considering an extension. This is an area that will develop as renewals start building up.

rajin wrote:2. If i am just claiming/earning 65 points(at border), 'll that effect my chances to get approval??

You need 65 points for approval - the case worker may not agree with your 'self scoring' so it is advisable to try and get as high a score as possible.

Some of the posts here are priceless !!
So can one safely say that spouse points claim and accompanying to UK is a loop hole in the current HSMP process which can be used with no known negative repurcussions ?

SNM ---- Thanks SNM, i got yr point.

SIMAR --- You are right, Simar(Jit) Bhaaji. You can desc it as 'Confused' state. i am in such a situation where u r not sure of anything, so i am looking all possibilities.
Abt the relation, it's decided everything(i made evry effort to save it). I
am waiting for the document only which 'll take 3-4 months.

- I am also into IT, and i know upto what level i can reach here in india. I can earn good in UK.
- My many relatives, including my brother, are in UK. so i know i can settle there with little effort.

Well, thank you for yr support.




Kayalami -- Thanks for yr inputs. But i don't know what's --- 'co-habiting' criteria for a spouse --- Pls explain it.
> Can i simply mention that 'Married' and don't claim for points? Secondly, in that case at renewal time they won't ask me where's yr partner??



MINI -- No, Mini i don't think so. U have to provide proof for staying together for 2 yrs and again at renewal time they'll ask..