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Non EEA Spouse, ILR, Euros and remote working from Ireland

Posted: Mon May 18, 2020 9:53 pm
by Johnnywoo
Dear IB Members,

This isn't so urgent like some posts here but it's complicated so here goes...

I am UK (and Irish) citizen. Until last year fully resident in UK and working with salary well over the threshold. Unfortunately, lost my UK job last September (2019) but secured work in Ireland, paid in Euros, also well over the UK spouse visa salary threshold from October.

So, in summer 2021 my non EEA wife will apply for ILR after her second period of LTR 30 months in UK.
I am a joint national, have spent some time in Ireland but wife is here and working p/t.

I can extend my Irish contract until September 2021 but will still be paid in Euros. I can work remotely from the UK with my UK address, or work directly from Ireland, but all bills and accounts in UK still remain as does my wife. There might be tax implications but this can be resolved...

Has anyone ever heard of a UK Spouse Visa Application where the sponsor / spouse is paid in Euros?
It's even possible i get my Euro salary paid directly into my UK GBP account and converted!
Or,
Will I have to return here and secure a UK based job 6 or 7 months before the visa application? I should have a good chunk of money saved following my work abroad and might even have £30,000GBP and Spouse earns £9000 part time nursing.... so might get near the savings threshold!

And what checks will they make if i go down the £62,500 or combination of savings route?

FYI - if she relocates with me to Ireland we have to start the process again on the Irish side and we really don't want to!

Best Wishes for any help in advance!

Johnny

Re: Non EEA Spouse, ILR, Euros and remote working from Ireland

Posted: Tue May 19, 2020 10:25 am
by geoeng
Johnnywoo wrote:
Mon May 18, 2020 9:53 pm
Has anyone ever heard of a UK Spouse Visa Application where the sponsor / spouse is paid in Euros?
From the financial requirement guidance document (and Appendix FM-SE of the immigration rules):
5.5.11. Where the applicant’s partner (and/or the applicant if they are in the UK with permission
to work) is in salaried or non-salaried employment, this may include work undertaken overseas, subject to the couple meeting the requirement in paragraph E-LTRP.1.10 of Appendix FM that they intend to live together permanently in the UK and subject to the other requirements of Appendix FM-SE being met.

From Appendix FM (emphasis added):
E-LTRP.1.10. The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so
This is likely where you will run into issues if you are both not currently resident in the UK (or have not been since the last visa extension was granted) regardless of how you intend to meet the financial requirement.

https://assets.publishing.service.gov.u ... -ext_1.pdf

https://www.gov.uk/guidance/immigration ... ly-members
Johnnywoo wrote:
Mon May 18, 2020 9:53 pm
And what checks will they make if i go down the £62,500 or combination of savings route?
The requirements and specified evidence for using cash savings towards the financial requirement are detailed in Section 7 from page 48 of the financial requirement guidance document linked above.

Settlement ILR 5 years - employment and savings

Posted: Wed Aug 19, 2020 8:13 pm
by Johnnywoo
Dear forum members,

I am reading various advice but going around in circles... can you clarify two or three things?
In approx 11 months time my wife will apply for her ILR after 5 years. I am aware that 6 months before we apply we need to have everything in order so I wanted to be prepared in good time, especially financially.

Unfortunately I have just recently lost my job but we will have enough savings if we combine it with her regular income. I might get another job in good time but for now we think we should be OK.
I am a UK subject.

1. Can i use HER salary combined with MY savings, and not declare my job or job status? Of course I will if i get a regular job in the next few months.
2. If she earns £8600 for her P/T work it seems we need savings of £26,000 (in place 6 months before) with a letter declaring where the savings came from - does this stack up? This will take us up to the £18600 threshold - correct? (sure we will put extra in just in case and go beyond the threshold)
3. Will they still ask questions about my [un]employment status and can this negatively affect the decision?
4. Right now she is looking at the Life in the UK books and test etc and has IELTS B from her FLR application 2 years ago - will she still be able to use this?

Thanks everyone
JW

Re: Settlement ILR 5 years - employment and savings

Posted: Wed Aug 19, 2020 9:21 pm
by seagul
Johnnywoo wrote:
Wed Aug 19, 2020 8:13 pm
Dear forum members,

I am reading various advice but going around in circles... can you clarify two or three things?
In approx 11 months time my wife will apply for her ILR after 5 years. I am aware that 6 months before we apply we need to have everything in order so I wanted to be prepared in good time, especially financially.

Unfortunately I have just recently lost my job but we will have enough savings if we combine it with her regular income. I might get another job in good time but for now we think we should be OK.
I am a UK subject.

1. Can i use HER salary combined with MY savings, and not declare my job or job status? Of course I will if i get a regular job in the next few months.
2. If she earns £8600 for her P/T work it seems we need savings of £26,000 (in place 6 months before) with a letter declaring where the savings came from - does this stack up? This will take us up to the £18600 threshold - correct? (sure we will put extra in just in case and go beyond the threshold)
3. Will they still ask questions about my [un]employment status and can this negatively affect the decision?
4. Right now she is looking at the Life in the UK books and test etc and has IELTS B from her FLR application 2 years ago - will she still be able to use this?

Thanks everyone
JW
1. yes
2. yes assuming there is no additional dependant
3. no affect
4.https://www.gov.uk/english-language/app ... ifications

ILR financial options

Posted: Sun Mar 14, 2021 9:26 am
by Johnnywoo
Dear all,
In 6 months time my wife (non EEA) and me (UK and Irish Citizen) will apply for IlR 5 Year route with no dependents.
I was made redundant over a year ago but have just got a temporary job with a contract of 6 months.
It is over the min salary threshold. £20k annum
Wife works part time. £10k annum
Luckily we knew this was all coming so Plan B was to put all savings and redundancy payments in one account. I’m am over £35k in the bank and won’t dip below this.
I know we have options but what would be the overall consensus?
Just go down savings route?
Or combine this with some evidence of support by salaries etc?
Don’t want to give a visa reviewer a tree to bark up re contracts and payslips.
Perhaps just add work related evidence in general evidence?
Also, will I have to explain where my savings have come from?
Best wishes all
Johnny

Re: ILR financial options

Posted: Mon Mar 15, 2021 10:49 am
by zimba
Go read the official guide on how to evidence the financial requirements: https://assets.publishing.service.gov.u ... .0-ext.pdf