Need advice ... can my income be used to support spouse?

[NeedAPlaceToCallHome]

This is kind of confusing... but here goes. My same-sex partner is considering education in the UK. He's from Trinidad and I'm from the U.S.

I work for a U.S. company via the Internet and as long as I'm connected to the Internet, I can work. (I pay taxes to the U.S. Gov't for all of my income). This is kind of a fuzzy area as I'm not sure how the UK would look at my income if I were to accompany my partner to the UK. It would be great if they would consider my income when they are making their determination that we can support ourselves while he is studying. But will they consider my work on the Internet as me working in the UK? I'm not sure that this is something that immigration law has really tackled yet. If I'm in the UK but connected to computers in the US, am I "working" in the UK or the US?

If anyone has any insight... I'd appreciate it. Ultimately, we would like to stay in the UK.

[VictoriaS]

Unfortunately, as you suspect, if you are physically present int he UK then you are considered to be working in the UK and therefore need the correct visa.

So, you can use your income in support of your partners application ONLY if you are a) staying in the US or b ) eligible for a visa as his partner (ie you are civil partners)


Victoria

[NeedAPlaceToCallHome]

Unfortunately, as you suspect, if you are physically present int he UK then you are considered to be working in the UK and therefore need the correct visa.

So, you can use your income in support of your partners application ONLY if you are a) staying in the US or b ) eligible for a visa as his partner (ie you are civil partners)


Victoria

So I think what you are saying is that if I am eligible as his partner/spouse I should also be able to work. From what I can tell, spouses and children of students are able to work if the student is studying for more than a year. Although i think I also read somewhere that the period was 6 months. I'm afraid I'm suffering from information overload.

Basically, here's the deal. Our ultimate goal is immigration to the UK. We are looking for the most hospitable place for same-sex bi-national couples and feel the UK is a great choice. Even with my partner's education and my work experience, I don't think we'll be eligible for HSMP. From what I could tell, the requirements are much stricter than Canada or Australia. So our next thought was education. My partner has a BS degree from a U.S. university in Information Technology. He's very interested in teaching and we though he could pursue some form of Master's Degree that would put him in a good position for getting work in the UK. The peculiar thing is that when you enter the UK on a student visa, they are adamant that you state you have no intention of staying. However, there seems to be a lot of information regarding the ability to stay on after studying to find work. So do they truly discourage students from attempting to change there status from student permit to work permit?

Any insight would be appreciated. We just want to find a nice place to live in peace in a country that is accommodating to same-sex couples. Right now we're jumping around from country to country staying as long as we can on a visitor's visa. It's stressful to say the least!

[vin123]

Working using a computer connected to the internet doesn't make immigration matters different for a person. Also it doesn't need any special "tackling" as well. Once you travel out of US, your status changes - simple as that.

Firstly, there are two things to look at:

a) Your nationality
b) Your permission to work for your US based employer within UK.

For a) Except for 3 months short visit, since you are US citizen, you need a permit approved before you travel. May be your US employer don't care if you move out of US as long as you continue to 'connect' , but the immigration authorities here do care about your nationality when you enter UK and the visa status. Before you move, you would need to sort out a visa (HSMP,work permit, or student ). Once the visa is sorted(which is normally given fixed term) you are obligated to show the continuous activity (eg: UK income for HSMP/work permit or student ship for Student visa) to make it valid leading to your qualification to perm stay (ILR). You income generated in the US may be sufficient for UK "entry clearance" approval for you and your partner to follow you as a dependent for studies in the UK.

For b) Your US employer can file a work permit for you to work in the UK which will allow to do remote working from the UK. This will qualify for perm stay, but again, you need to show "local income" while in the UK.
Or in other words, your income currently received in your US bank's checking account needs to be routed to a local UK bank.

Hope this helps.

This is kind of confusing... but here goes. My same-sex partner is considering education in the UK. He's from Trinidad and I'm from the U.S.

I work for a U.S. company via the Internet and as long as I'm connected to the Internet, I can work. (I pay taxes to the U.S. Gov't for all of my income). This is kind of a fuzzy area as I'm not sure how the UK would look at my income if I were to accompany my partner to the UK. It would be great if they would consider my income when they are making their determination that we can support ourselves while he is studying. But will they consider my work on the Internet as me working in the UK? I'm not sure that this is something that immigration law has really tackled yet. If I'm in the UK but connected to computers in the US, am I "working" in the UK or the US?

If anyone has any insight... I'd appreciate it. Ultimately, we would like to stay in the UK.

[VictoriaS]

If you are entering to do a degree then the 'intention to leave' clause is invalidated, so don't worry about that.

But can you answer my question - are you civil partners? If not, then entering into a cp is the best way to move forward.

If you would like professional assistance with any of this, please do PM me.

Victoria

[NeedAPlaceToCallHome]

But can you answer my question - are you civil partners? If not, then entering into a cp is the best way to move forward.

That all depends on the legal definition of civil partner. And under whose jurisdiction does it fall? I'm a US citizen, my partner is Trinidadian. Neither of those countries recognizes same-sex civil unions. I thought that from a UK perspective, civil partner was only relevant if one or both of the persons was a UK citizen.

[sakura]

But can you answer my question - are you civil partners? If not, then entering into a cp is the best way to move forward.

That all depends on the legal definition of civil partner. And under whose jurisdiction does it fall? I'm a US citizen, my partner is Trinidadian. Neither of those countries recognizes same-sex civil unions. I thought that from a UK perspective, civil partner was only relevant if one or both of the persons was a UK citizen.

Well Canadians who are in same-sex marriages are recognised as civil partners in the UK, so it isn't only for British nationals.

Basically;
1. Are you married?
2. Are you in a civil partnership?
3. Have you been living together for 2 years or more, with documented proof?

[NeedAPlaceToCallHome]

For b) Your US employer can file a work permit for you to work in the UK which will allow to do remote working from the UK. This will qualify for perm stay, but again, you need to show "local income" while in the UK.
Or in other words, your income currently received in your US bank's checking account needs to be routed to a local UK bank.

I'm a contract (1099) employee, not a direct employee. In other words, I'm self-employed. I suppose that makes a difference.

[NeedAPlaceToCallHome]

Well Canadians who are in same-sex marriages are recognised as civil partners in the UK, so it isn't only for British nationals.

Basically;
1. Are you married?
2. Are you in a civil partnership?
3. Have you been living together for 2 years or more, with documented proof?

1. No, we are not married.
2. No, we are not in a civil partnership.
3. Yes, we have been in a documented relationship for over 2 years.

[avjones]

Not just in a relationship for 2 years+, living together that time.

[NeedAPlaceToCallHome]

Not just in a relationship for 2 years+, living together that time.

Yes...we've been living together for about 3 years. We can document 2+ years of that with lease/rental agreements and we have a shared banking account. Not sure what other type of documentation they need. We've plenty of pictures of us together but not sure what that proves.

[VictoriaS]

I think this case is a little complicated, so you might want to consider sending me a PM so we can discuss it in more depth.

I think that you need to make arrangements to enter into a civil partnership. This may have to be done in the UK, so you may have to enter as a marriage visitor then return and then apply to come in as a dependendt. But that will have implicatins for the student visa.

It may be easier to see if you qualify for the HSMP. Again, I am happy to assess you for this if you wish.

This CAN be done, of that I am sure, it is just a case of working out the best way. If you qualify for the HSMP then this will be the best route, as your partner will be able to come as your dependent even without the civil partnership ceremony, and you would both get residency faster.


Victoria

[vin123]

If you are entering to do a degree then the 'intention to leave' clause is invalidated, so don't worry about that.
Victoria

Take the statement above with a pinch of salt. If there is a car salesman or a estate agent hanging around in the forum- take a bow now.
If the statement is true, entry clearance for all student visa application is unconditionaly given to all individuals showing their intention to settle in the United Kingdom?. Excuse me ?

I think this case is a little complicated.....

Firstly, Your case is not as complicated. As one starts writing that as the first sentence, that itself shows the sense of urgency to 'paint' it as complicated.

a) You need to have entry clearance for either a student visa, HSMP/work permit
b) you need to show you and your partner both have been living together for more than 2 years.
- rental agreement, previous rental/lease agreement, joint bank account for 2 years are all good enough and valid.

I'm a contract (1099) employee, not a direct employee. In other words, I'm self-employed. I suppose that makes a difference.

It doesn't really matter whether you are on W2 or 1099, as long as you have previous years IRS statements that is good enough to show your past income for your entry clearance.

Your case is not complicated as long as you have documents.