Spouse Visa While employed in Gibraltar (British Overseas Territory)

Sahil_1 · Post by **Sahil_1** » Thu Jul 25, 2024 8:13 pm

Hi All,

I have just been offered a job in Gibraltar by a company registered there. I am thinking of applying for a spouse visa for my partner. Although I meet the minimum financial requirements of £29k, would the Home Office accept payslips from a company based in British Overseas territory instead of in the UK?
I have done significant research, and I am struggling to find solid evidence (wishful thinking from my end) within the Home Office guidance which it clearly states that overseas employment payslips are accepted. In other words, do I the sponsor need to be working in the UK to meet the financial requirement?
Paragraph 3 of the FM guidance states that employment overseas can meet the financial requirements as long as it meets the guidance in Paragraph 2A i.e. six/twelve months of employment. That said I am not entirely sure if I am misunderstanding the clause.

Any wisdom would be very much appreciated.
Many thanks.

Post by **secret.simon** » Fri Jul 26, 2024 12:01 pm

If the job is in Gibraltar, how do you expect to meet the requirements of Immigration Rule E-LTRP.1.2 & E-LTRP.1.10?

Appendix FM - Relationship requirements wrote:E-LTRP.1.2. The applicant’s partner must be-

(a) a British Citizen in the UK;
(b) present and settled in the UK;
(c) in the UK with protection status;
(d) in the UK with limited leave under Appendix EU, in accordance with paragraph GEN.1.3.(d); or
(e) in the UK with limited leave as a worker or business person under Appendix ECAA Extension of Stay, in accordance with paragraph GEN.1.3.(e); or
(f) in the UK with permission as a Stateless person.

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.

The “United Kingdom” means Great Britain and Northern Ireland, since 12th April 1927 (Schedule 1 of the Interpretation Act 1978). Even the Channel Islands and the Isle of man, adjacent to the UK, have their own separate immigration rules, as do each of the British Overseas Territories.

If your job is based in Gibraltar, you may want to sponsor your spouse to Gibraltar.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Spouse Visa While employed in Gibraltar (British Overseas Territory)

Spouse Visa While employed in Gibraltar (British Overseas Territory)

Re: Spouse Visa While employed in Gibraltar (British Overseas Territory)