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Discussion Forums: HSMP Application
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Topic: Can i get my Visa stamper through a employer
Posted by aabcd1234 (60) 30 May 2008
Hi

I have a valid HSMP but somehow my EC got rejected because of maintainance funds for 3 months criteria.

Can my employer ,who wants to send me onsite, file my VISA as i have the valid HSMP under the old rules?


If he cannt file and still sends me onsite on Business visa, then can i apply for visa stamping in UK itself or do i have to come back to india for EC .

Please advice asap.

cheers
1234
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Posted by aabcd1234 (60) 30 May 2008
hi nasty kid or anyone

please advice on it asap ..

cheers
1234
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Posted by molsang (83) 30 May 2008
U have to come back to India for your EC. Sanjit
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Posted by aabcd1234 (60) 30 May 2008
dear sanjit

thanks a lot ...do u know the official link where it says that one has to come for EC?

cheers
1234
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Posted by molsang (83) 30 May 2008
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Posted by aabcd1234 (60) 30 May 2008
dear molsang

this particular case is no where discussed on the link provided by you.

I asked one more question tha can my current employer, instead of filing my WP ,file my EC stating that i would be paid salary from the day one. Hence question of maintainance fund does not come into picture at all..

cheers
1234
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Posted by molsang (83) 30 May 2008
Well, I do not think you can escape maintenance fund clause, then there are many people can get offer letter in India and will opt for same.

You have to have 2800 GBP in single bank account for 3 months, otherwise EC will be rejected. You are having job offer that makes your case stronger only, nothing else.

Thanks
Sanjit
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Posted by aabcd1234 (60) 30 May 2008
hi sanjit

i agree with you .but what if my employer sends me to uk on some other visa and give 2800 pounds on day one in uk i.e. by 1st June.

then if u have noticed that 2800 pounds requriement is for 1 month if u r in UK till end of june.(transistional arrangement)

In that scenario, i can get my visa stamping from UK itself ..share ur thoughts abt it??

cheers
1234
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Posted by molsang (83) 30 May 2008
That rule break is applicable only for in-UK applicants. You can not establish yourself as in-UK applicants since your HSMP application was launched from India. You can not bypass 3 months Maintenance Fund rule by any way. I have verified from Chennai UK consulate many times.

Sanjit
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Posted by aabcd1234 (60) 30 May 2008
no mate, i think u r wrong in this case...

refer this first of all
http://www.ukba.homeoffice.gov.uk/workingintheuk/pointsbasedsystem/eligibility/pointsassessment/maintenance/

i know one of my friend applied his hsmp from india and went to UK on some work permit before even getting the HSMP cleared (initial application under old rules)

When he reached in UK , he got his hsmp in India, then by 15th april he applied for visa from UK showing 800 pounds in his account and is waiting for his visa to be stamped.

he told me that if UK visa office find anything wrong, they always contact the candidate and get it corrected..So far noone has contacted him and he is expecting his visa next week hopefully..
i will update you once he get his visa done ..

cheers
1234
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Posted by aabcd1234 (60) 30 May 2008
One more thing, in your HSMP letter, its no where mentioned that its been applied from india or UK ..

u can check urs as well..

cheers
1234
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Posted by bahsmp (27) 30 May 2008
There are two conditions:

1. You can do it but you should be in UK on work permit as Business visa /Visit visa holder are not permitted for swtiching.

http://www.bia.homeoffice.gov.uk/workingintheuk/pointsbasedsystem/applying/initialapplications/

2. If you come her eon June1st and if you apply after June 30th when the last date for transactional arrangement then you need to show 3 months maintainance funds.

Hope this clarifies you doubt

-Ba
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Posted by aabcd1234 (60) 30 May 2008
Dear BA

In the above link, if you click on work permit hyper-link, it takes you to following link

http://www.ukba.homeoffice.gov.uk/workingintheuk/workpermits/

this says that business visa is also a type of work permit...

please share your thoughts on this

cheers
1234
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Posted by bahsmp (27) 30 May 2008
Please read carefully the link you have sent :

You can make a Business and Commercial work permit application if:

you are an employer based in the United Kingdom;

Are you an employer in UK?
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Posted by aabcd1234 (60) 30 May 2008
Dear BA

IT says that to file a Business and Commercial work permit application, you should be an employer based in UK.

My current employer is from UK who has subsidiary in india as well and is filing my busness visa.

does it make sense ...

please share your thoughts

cheers
1234
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Posted by molsang (83) 30 May 2008
Please do not take chance with HO. Let your friend gets HSMP by appearing as pseudo in-UK applicant. If he gets then you can take a chance to do same. Sanjit
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Posted by aabcd1234 (60) 30 May 2008
thanks a lot buddy..i am also thinkin in the same direction ..

cheers
1234
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Posted by bahsmp (27) 30 May 2008
Is your friend on UK Business Visa?
Till when you HSMP approval letter is valid?

The following options which I feel better
1. if your employer is ready to apply for work permit then come here on WP and later switch to Tier1.
2. you can reapply from India itself once you have statisfied the maintanance criteria.

-Ba
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Posted by aabcd1234 (60) 30 May 2008
my friend is on work permit ...

my new employer can only file my business visa but not wp as the minimum requirement to file wp is that one shud be employee of that company for atleast 3 months..

my hsmp is valid till mid sept..

cheers
1234
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