Just trying to make the point that the circling area also has a 'vertical' component as well which needs to be entered from above, in an IFR only operation, though I agree it can be entered from below using NVFR, but Airlines are not allowed that option.
I agree with the thrust of what you are saying Trent. There are some scary opinions being expressed on here.
With your statement above. An IFR HC RPT jet takes off at night and needs an immediate return to land for some reason, say fire in the cabin, whatever. My intention would be to climb to the circling minima for my category and return. So haven't I entered from below? You say I cannot do this, so what should I do?
Surely this is similar to a night departure at somewhere surrounded by terrain where performance requires a climb to MSA within the circling area prior to departing on track.