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Lind
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Israel

Uk spouse visa - question

Post by Lind » Wed Sep 25, 2019 12:17 pm

Hey,
I am Israeli and married to a British citizen guy.
We were in a long distance relationship for 3 years and then he moved to israel to live with me for another year.
I wanted to know if the fact he lives outside of the UK in the last year can make any problems with my spouse visa? Or should he live in the UK for a period of time before we apply?
He works for an English company in the UK and get paid in the UK, just work remotely.
We met all the requirements.
Thank you for your time!

geoeng
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Canada

Re: Uk spouse visa - question

Post by geoeng » Wed Sep 25, 2019 12:45 pm

No problem that he has lived outside of the UK for a while. There is no requirement that the British citizen be resident in the UK for a spouse visa application. You may have to be careful how you document his employment however as the financial requirements need the British sponsor to already be residing in the UK or have a confirmed job offer starting within 3 months of their return. The situation of working for a UK company from a foreign location is rather unique and not clearly presented in the guidance.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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seagul
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Re: Uk spouse visa - question

Post by seagul » Wed Sep 25, 2019 1:15 pm

geoeng wrote:
Wed Sep 25, 2019 12:45 pm
as the financial requirements need the British sponsor to already be residing in the UK or have a confirmed job offer starting within 3 months of their return.
That mainly applies where a none-EU/British national partner is applying his initial entry clearance from outside the UK. Once the spouse visa is issued then the applicant is expected to live & settle in UK with his/her family.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
Senior Member
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Canada

Re: Uk spouse visa - question

Post by geoeng » Wed Sep 25, 2019 1:26 pm

Yes, sorry, should have clarified that a bit better. I had assumed their intent was moving to the UK from Israel together (i.e. at the same time) without specifying that.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

Lind
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Posts: 34
Joined: Wed Sep 25, 2019 12:13 pm
Israel

Re: Uk spouse visa - question

Post by Lind » Wed Sep 25, 2019 6:25 pm

Hey,
Yeah, that’s what we are planning! To move together from israel to the UK.
So I’m sorry but I got confused..I didn’t understand..
We met all the requirements. My husband (the sponser) going to continue to work in his current job in the UK.
So what we need to focus on when we apply?

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seagul
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Re: Uk spouse visa - question

Post by seagul » Wed Sep 25, 2019 6:34 pm

Lind wrote:
Wed Sep 25, 2019 6:25 pm
Hey,
Yeah, that’s what we are planning! To move together from israel to the UK.
So I’m sorry but I got confused..I didn’t understand..
We met all the requirements. My husband (the sponser) going to continue to work in his current job in the UK.
So what we need to focus on when we apply?
Then maybe you dont have sufficient proof of cohabitation covering the last 2 years which are required for extension.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Lind
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Israel

Re: Uk spouse visa - question

Post by Lind » Wed Sep 25, 2019 6:39 pm

But we are married, that’s why we don’t have to met the 2 years of living together.

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seagul
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Re: Uk spouse visa - question

Post by seagul » Wed Sep 25, 2019 6:44 pm

Lind wrote:
Wed Sep 25, 2019 6:39 pm
But we are married, that’s why we don’t have to met the 2 years of living together.
On extension the proof of cohabitation is mandatory. There are several threads about it.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Jaune08
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Mexico

Re: Uk spouse visa - question

Post by Jaune08 » Wed Sep 25, 2019 9:18 pm

seagul wrote:
Wed Sep 25, 2019 6:44 pm
On extension the proof of cohabitation is mandatory. There are several threads about it.
I think OP is going to apply for the spouse visa for the 1st time, therefore proof of cohabitation isn't mandatory in their case. But let's see...

Lind wrote:
Wed Sep 25, 2019 6:39 pm
But we are married, that’s why we don’t have to met the 2 years of living together.
Is this the first time you will apply for the spouse visa or are you applying for an extension on your previous spouse visa?

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seagul
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Re: Uk spouse visa - question

Post by seagul » Wed Sep 25, 2019 9:31 pm

Jaune08 wrote:
Wed Sep 25, 2019 9:18 pm
seagul wrote:
Wed Sep 25, 2019 6:44 pm
On extension the proof of cohabitation is mandatory. There are several threads about it.
I think OP is going to apply for the spouse visa for the 1st time, therefore proof of cohabitation isn't mandatory in their case. But let's see...
Lind wrote:
Wed Sep 25, 2019 12:17 pm

I wanted to know if the fact he lives outside of the UK in the last year can make any problems with my spouse visa?
Unless the OP's rephrase above/clarify further the above only giving sense that OP is already holding spouse visa. But if not then cohabitation evidences wont be needed.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Lind
Newbie
Posts: 34
Joined: Wed Sep 25, 2019 12:13 pm
Israel

Re: Uk spouse visa - question

Post by Lind » Thu Sep 26, 2019 8:31 am

Jaune08 wrote:
Wed Sep 25, 2019 9:18 pm
seagul wrote:
Wed Sep 25, 2019 6:44 pm
On extension the proof of cohabitation is mandatory. There are several threads about it.
I think OP is going to apply for the spouse visa for the 1st time, therefore proof of cohabitation isn't mandatory in their case. But let's see...

Lind wrote:
Wed Sep 25, 2019 6:39 pm
But we are married, that’s why we don’t have to met the 2 years of living together.
Is this the first time you will apply for the spouse visa or are you applying for an extension on your previous spouse visa?

Yeah, it’s our first time, not an extension.
Thank you!

Lind
Newbie
Posts: 34
Joined: Wed Sep 25, 2019 12:13 pm
Israel

I’m spouse visa

Post by Lind » Fri Oct 04, 2019 8:54 am

Hey, anybody can explain me how the UK spouse visa going from outside of UK?
I know there is that form from the gov site but how we are sending all our support documents? Do we post the original to the uk? Or maybe post it somewhere in my country ?
I also heard something about online uploads? But then it’s just the copies and not the original..
Thanks!

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seagul
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Re: I’m spouse visa

Post by seagul » Fri Oct 04, 2019 6:32 pm

Lind wrote:
Fri Oct 04, 2019 8:54 am
Hey, anybody can explain me how the UK spouse visa going from outside of UK?
I know there is that form from the gov site but how we are sending all our support documents? Do we post the original to the uk? Or maybe post it somewhere in my country ?
I also heard something about online uploads? But then it’s just the copies and not the original..
Thanks!
https://pos.tlscontact.com/tlv_en/how-to-apply
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

Lind
Newbie
Posts: 34
Joined: Wed Sep 25, 2019 12:13 pm
Israel

Re: Uk spouse visa

Post by Lind » Tue Oct 15, 2019 8:38 pm

Hey,
I understood that the requirements of 18,600£ is before tax.. but what about the expenses? The home office calculate/check it? ? If so, how much money should be left after expenses?
My husband earn around 60,000 per year but we had recently lots of expenses because we got married (among other things flat rent, bills ,food etc).
Someone can explain me this please?
We are applying for spouse visa for the firs time.

Thanks a lot!!

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Casa
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Re: Uk spouse visa

Post by Casa » Tue Oct 15, 2019 9:02 pm

Lind wrote:
Tue Oct 15, 2019 8:38 pm
Hey,
I understood that the requirements of 18,600£ is before tax.. but what about the expenses? The home office calculate/check it? ? If so, how much money should be left after expenses?
My husband earn around 60,000 per year but we had recently lots of expenses because we got married (among other things flat rent, bills ,food etc).
Someone can explain me this please?
We are applying for spouse visa for the firs time.

Thanks a lot!!
Expenses are irrelevant to meeting the minimum income level.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Lind
Newbie
Posts: 34
Joined: Wed Sep 25, 2019 12:13 pm
Israel

Re: Uk spouse visa - question

Post by Lind » Thu Nov 07, 2019 7:35 pm

geoeng wrote:
Wed Sep 25, 2019 12:45 pm
No problem that he has lived outside of the UK for a while. There is no requirement that the British citizen be resident in the UK for a spouse visa application. You may have to be careful how you document his employment however as the financial requirements need the British sponsor to already be residing in the UK or have a confirmed job offer starting within 3 months of their return. The situation of working for a UK company from a foreign location is rather unique and not clearly presented in the guidance.

Hey, you wrote to be careful with how we document his employment.. can you explain me that please?
And I don’t know if because our situation is unique can make them refuse our application.. because we met all the requirements.. there is something to do before we apply to make it less unique?
Thanks

Lind
Newbie
Posts: 34
Joined: Wed Sep 25, 2019 12:13 pm
Israel

Re: I’m spouse visa

Post by Lind » Thu Nov 07, 2019 8:09 pm

And another question:
Because we live now in Israel (my husband visa expires in 3 weeks then he will back to uk) there is an option the Uk home Office can refuse our application of the reason we have/had another place to live in?

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seagul
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Re: I’m spouse visa

Post by seagul » Thu Nov 07, 2019 9:12 pm

Lind wrote:
Thu Nov 07, 2019 8:09 pm
home Office can refuse our application of the reason we have/had another place to live in?
No but spouse visa holder is expected to live & settle along with his/her British/Uk settled family/sponsor in UK.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

geoeng
Senior Member
Posts: 953
Joined: Fri Aug 30, 2019 11:54 am
Canada

Re: Uk spouse visa - question

Post by geoeng » Fri Nov 08, 2019 8:33 am

Lind wrote:
Thu Nov 07, 2019 7:35 pm
Hey, you wrote to be careful with how we document his employment.. can you explain me that please?
And I don’t know if because our situation is unique can make them refuse our application.. because we met all the requirements.. there is something to do before we apply to make it less unique?
Thanks
As long as you meet the requirements you shouldn't have any issues. It's unique in the sense that your husband already works for a UK company and is paid in the UK but resides in Israel. If you haven't already, it is worth having a read of the guidance document linked below regarding the financial requirement. You will note that the categories are split into either a British sponsor residing in the UK with employment meeting the financial requirement or an overseas British sponsor returning with the applicant. Where the overseas British sponsor is returning to the UK with the applicant, they must have a confirmed job offer starting within 3 months. I wrote you might have to be careful in how you document the employment because as your husband is already employed within the UK but works overseas, you may have had to get them to write up a new job offer in order to meet the requirement. If he is returning to the UK before you and will already be resident in the UK at the time you apply and will have held employment in the UK for greater than 6 months, I suspect you won't have this issue. I'm happy to hear others' comments on this as it is a bit of a unique situation that isn't clear in the guidance.

https://assets.publishing.service.gov.u ... -ext_1.pdf
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

iwolga
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Joined: Mon Sep 02, 2019 7:34 am

Re: I’m spouse visa

Post by iwolga » Fri Nov 08, 2019 11:07 am

Does your husband pay UK taxes as UK resident? Remote work opens a lot of not-so-straightforward questions re personal taxation.

Make sure he does pay his taxes to HMRC in full before applying

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