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Spouse Visa Days Outside UK for Job

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sak20099
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Spouse Visa Days Outside UK for Job

Post by sak20099 » Sun Jan 20, 2019 9:51 am

hi All,

I need some help to make an important decision.

My wife got Spouse Visa in July 2017 and arrived in UK Aug 2017 , and her Visa is valid until April 2020.
I got an offer to work outside UK , and was wondering how can she stay outside UK so her UK status is not effected , I know she can spend 180 days outside per year, but does staying 180 days outside will effect her ILR or British Citizenship ?

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Casa
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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Sun Jan 20, 2019 10:29 am

There is no '180 absence limit' for a Spouse visa. However, the condition of your wife's visa is that you reside together in the UK and this is likely to affect her ability to apply for her FLR(M) extension.

How long do you intend to work overseas :?:
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sak20099
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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Sun Jan 20, 2019 10:36 am

Casa wrote:
Sun Jan 20, 2019 10:29 am
There is no '180 absence limit' for a Spouse visa. However, the condition of your wife's visa is that you reside together in the UK and this is likely to affect her ability to apply for her FLR(M) extension.

How long do you intend to work overseas :?:
I am intending to work for 2 years oversees.

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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Sun Jan 20, 2019 10:56 am

In which case your wife will be back at 'square one' and will have to apply for a new Spouse Settlement visa before you return to the UK together. The time spent on her current visa will be lost.
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Re: Spouse Visa Days Outside UK for Job

Post by CR001 » Sun Jan 20, 2019 11:00 am

You would likely have to start the spouse visa again from scratch for your spouse when you are ready to return to the UK.
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sak20099
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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Sun Jan 20, 2019 11:07 am

i am intending to keep her in UK every 6 months and then join me for 6 months oversees is it possible to keep her status this way ?

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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Sun Jan 20, 2019 12:37 pm

Casa wrote:
Sun Jan 20, 2019 10:29 am
the condition of your wife's visa is that you reside together in the UK
(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.

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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Mon Jan 21, 2019 7:27 am

what evidence would be required to proof if living together ? I mean how HO determine if couples are living together in UK ?

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Re: Spouse Visa Days Outside UK for Job

Post by CR001 » Mon Jan 21, 2019 7:59 am

sak20099 wrote:
Mon Jan 21, 2019 7:27 am
what evidence would be required to proof if living together ? I mean how HO determine if couples are living together in UK ?
Tenancy agreements, utility bills, council tax, bank statements, payslips, NHS letters, benefit letters, etc in joint names or addressed individually to the same address for 2 years.
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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Mon Jan 21, 2019 8:20 am

CR001 wrote:
Mon Jan 21, 2019 7:59 am
sak20099 wrote:
Mon Jan 21, 2019 7:27 am
what evidence would be required to proof if living together ? I mean how HO determine if couples are living together in UK ?
Tenancy agreements, utility bills, council tax, bank statements, payslips, NHS letters, benefit letters, etc in joint names or addressed individually to the same address for 2 years.
I have house under my name , all utility bills under my name , i will be sponsoring as my wife do not work, yes she has the NHS letters , we have joint bank account with bills paid from it.
SO i am wondering how can it will effect her FLR(M) application if working oversees for 6 months and she will be UK with my son (British ) living at my house?
Kindly clear my confusion as i need to make a big decision whether to accept oversees offer or not

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Re: Spouse Visa Days Outside UK for Job

Post by Klarae » Mon Jan 21, 2019 8:34 am

Payslips will be needed to show that you meet the financial requirement when she extends her visa.
Overseas payslips may raise suspicion on you and your spouse not living together or are you relying on other means for the financial requirement?

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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Mon Jan 21, 2019 9:26 am

You are also required to submit a copy of your passport with the application.
The supporting documents must also include:
A letter signed and dated from the employer confirming:
- employment and gross annual salary;
- length of employment;
- the employment is continuing

Also note the following from the official guidance:
What counts as income
You and your partner can use:
income from employment before tax and National Insurance (check your P60 or payslips) - you can only use your own income if you earn it in the UK


As we all leave a digital footprint, it will be easy for the Case Worker to trace that you are working overseas and not residing in the UK with your wife.
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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Mon Jan 21, 2019 10:01 am

Casa wrote:
Mon Jan 21, 2019 9:26 am
You are also required to submit a copy of your passport with the application. :idea:
thats not a problem as my passport wont have any stamps as oversees trip due to e-gates at the oversees

Oversees income is not considered for FLR (M) extension applications?

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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Mon Jan 21, 2019 12:19 pm

sak20099 wrote:
Mon Jan 21, 2019 10:01 am
Casa wrote:
Mon Jan 21, 2019 9:26 am
You are also required to submit a copy of your passport with the application. :idea:
thats not a problem as my passport wont have any stamps as oversees trip due to e-gates at the oversees

Oversees income is not considered for FLR (M) extension applications? No, as advised in my previous post. :idea:
(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.

sak20099
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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Mon Jan 21, 2019 12:34 pm

Casa wrote:
Mon Jan 21, 2019 12:19 pm
sak20099 wrote:
Mon Jan 21, 2019 10:01 am
Casa wrote:
Mon Jan 21, 2019 9:26 am
You are also required to submit a copy of your passport with the application. :idea:
thats not a problem as my passport wont have any stamps as oversees trip due to e-gates at the oversees

Oversees income is not considered for FLR (M) extension applications? No, as advised in my previous post. :idea:
Thanks Casa for the reply much appreciated

Is it also case with the ILR ? oversees income is accepted ?

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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Mon Jan 21, 2019 12:39 pm

The UK income requirement for SET(M) is the same.
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Re: Spouse Visa Days Outside UK for Job

Post by sak20099 » Tue Jan 22, 2019 7:19 am

Casa wrote:
Mon Jan 21, 2019 12:39 pm
The UK income requirement for SET(M) is the same.
:(
Is there any way she can keep the status ?

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Re: Spouse Visa Days Outside UK for Job

Post by Casa » Tue Jan 22, 2019 8:21 am

sak20099 wrote:
Tue Jan 22, 2019 7:19 am
Casa wrote:
Mon Jan 21, 2019 12:39 pm
The UK income requirement for SET(M) is the same.
:(
Is there any way she can keep the status ?
Yes, if you continue to live with her in the UK. :idea:
(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.

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