Spouse not joining the HSMP holder - any specific cases?

[Cosmopol]

I had a conversation over the weekend with someone who is about to apply for HSMP, and couldn't conclusively answer one of her questions.

Her husband is a professional and would certainly add 10 points to her application, and those points seem to make or break the passing score. The rule is that the spouse/partner must intend to join the applicant in the UK. They, however, don't feel it's wise to give up both their jobs and land into the unknown labour market of the UK. The preferred scenario is that he stays back in the States, while she is looking for a decent job, as his salary here can support them both. This may go on for some time, and in the extreme scenario - up to the renewal time. The question is, would HO actually enforce the rule by giving her hard time or even not extending her HSMP status simply because the spouse is not present in the country (provided they are happy with her activity otherwise)?

Would be interested to know if anyone has come across a case like that or similar. Thanks!

[Rajan]

Cosmopol

U have Touched the loose point of HSMP.

I don't think there's anything concretely defined on this.
If due to any reason Spouse is unable to join in UK, it may be personal preferances, separation or other circumstances. Then what's the procedure ahead.
HO 'll allow that person to continue staying as HSMP holder by considering his Financial activities OR throw him out to get his spouse anyway...

Expert Comments are welcome !!


Rajan

[Rajan]

Further to this. I have some related issues...

- What if I get points for partner now but at renewal stage I don’t have my spouse in UK? What problem I may face?

- Can I tell them that I got divorce after applying for HSMP?

-For partner’s points, do I need to show only spouse’s degree OR working exp also needed?

- Do spouse require at EC?


Pls give me your advise. Thanks

Rajan

[Mini]

Cosmopol,
Another question that comes here is ..... is

those points seem to make or break the passing score

important for application of laws of HSMP on partner.

If the points are make or break then does the partner come under purview.

In another scenario, if I am claiming total of 110 points including the partner points. In this case would the partner be free from HSMP laws if I do not claim for him/her ?

[Cosmopol]

Well, it looks like there are more questions than answers - I guess we should wait to hear from someone who's encounteredt these angles in practice

[baskey]

Hi,

I am also interested to get some of ur views abt spouse joining. In my case also i have landed first and past 3 months trying for the job. My wife is working in Germany and it is not wise to ask to leave her present job and join me for sake of HSMP extension. I have claimed her 10 pts but without her points also i have qualified for HSMP.
Any views are welcome.

Regards,

[ashfaq]

Please make sure that as per current HSMP laws, HO will only ask for proof of your partner living with you after completion of 1 year. So in first year... enjoy your full stay.

In 2nd year before applying for HSMP extension ... either you bring your partner in UK even before a month OR you must be scoring 65 points without adding your partner's 10 points.

In my understanding condition for living in UK for continues four years applies on HSMP applicant not on applicant's family.

Ashfaq

[Mini]

ashfaq,
This would mean that the HSMP dependent would get ILR at the end of 4 years practically without any encumbrances. So the dependent needs to be in the UK just for the application filing and approval at the end of 1st year and 4th year ?

Do you have any source for this view ?

[Mini]

Excerpt from another post....response from ajilani

asked the same the one of the HSMP consultant and he told that u don't need to apply with your family after HSMP approval. You can apply for your family visas anytime during 4 years.

Azher.

If this is so, then the grey area remains where people have claimed for partner points AND whether they were at borderline 65. This I think is too fine a point to be available in print somewhere !

[ashfaq]

Mini, you are confusing two things in each other.

1. To claim 10 points, spouse must be living with applicant.

2. If in case applicant haven't claimed spouse points, Applicant's family shall be having a same status as of applicant. So if Applicant gets extension, family will also be entitled for extension and same with permanent status.

See Section 11 (Page-10) in HSMP Extenstion FLR(IED) Form http://www.workingintheuk.gov.uk/workin ... R(IED).doc

But above is not true for Un-Married partner, as they both must show evidence for living together for last two years.

Ashfaq

[Mini]

ashfaq,
Maybe I should have mentioned that the case being quoted claimed 10 points for partner.

Living yes, but travelling for say 7months in the 12 months of LTR period out of UK ? If my understanding is correct then we're saying this should not have any effect on extension post 12months.