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Get visa in N Ireland, work in London?

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JoeKellyEire
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Get visa in N Ireland, work in London?

Post by JoeKellyEire » Sun Oct 09, 2022 11:01 pm

I'm an Irish citizen. My wife is from Japan.
Currently we are living in Dublin and she has a stamp 4 visa here.

She would like to apply for jobs in London, but does not currently have a UK working visa.
I can work remotely for my Irish employer, so I'm easy, but I'm trying to find a way to get a visa for her.

From what Ive read, Irish citizens automatically qualify as settled in the UK when we are ordinarily resident there. Ordinarily resident seems to mean have evidence that I live in and intend to continue to live in the UK for at least 6 months.
I was thinking of renting a room in Belfast so that I qualify as ordinarily resident there, then she can apply for spouse visa to live in the UK (Northern Ireland) with me, and then she can apply for jobs in London.

Would this work?
From what I've read, a visa granted in Northern Ireland is also valid in the UK.

meself2
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Re: Get visa in N Ireland, work in London?

Post by meself2 » Sun Oct 09, 2022 11:09 pm

Do you want to just rent a room and not be there or move to NI completely?
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

meself2
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Re: Get visa in N Ireland, work in London?

Post by meself2 » Sun Oct 09, 2022 11:14 pm

UK visas are valid everywhere in the UK, but if you want to go with her, nothing stops both of you to just go to London together and settle there.
If you want to rent a room in NI just so you're considered "ordinarily resident" there, while you'll still be staying in Ireland, and your spouse goes to the UK, highly doubt that'll fly.
https://www.gov.uk/uk-family-visa/partner-spouse
You and your partner must intend to live together permanently in the UK after you apply.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

JoeKellyEire
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Re: Get visa in N Ireland, work in London?

Post by JoeKellyEire » Sun Oct 09, 2022 11:26 pm

meself2 wrote:
Sun Oct 09, 2022 11:09 pm
Do you want to just rent a room and not be there or move to NI completely?
Yeah, basically that is the intention, pretend we live in Northern Ireland so she can get a UK work visa
meself2 wrote:
Sun Oct 09, 2022 11:14 pm
UK visas are valid everywhere in the UK, but if you want to go with her, nothing stops both of you to just go to London together and settle there.
If you want to rent a room in NI just so you're considered "ordinarily resident" there, while you'll still be staying in Ireland, and your spouse goes to the UK, highly doubt that'll fly.
https://www.gov.uk/uk-family-visa/partner-spouse
You and your partner must intend to live together permanently in the UK after you apply.
So the plan is to apply for jobs in London while still living in Dublin. She currently has a contract job here and doesn't want to quit until she has something else lined up, then we would move together to London. But most employers in the UK won't look at her application unless she has a valid UK working visa, hence our plan to get her a dependent Visa before moving to London.

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ALKB
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Re: Get visa in N Ireland, work in London?

Post by ALKB » Mon Oct 10, 2022 6:56 am

JoeKellyEire wrote:
Sun Oct 09, 2022 11:26 pm
meself2 wrote:
Sun Oct 09, 2022 11:09 pm
Do you want to just rent a room and not be there or move to NI completely?
Yeah, basically that is the intention, pretend we live in Northern Ireland so she can get a UK work visa
meself2 wrote:
Sun Oct 09, 2022 11:14 pm
UK visas are valid everywhere in the UK, but if you want to go with her, nothing stops both of you to just go to London together and settle there.
If you want to rent a room in NI just so you're considered "ordinarily resident" there, while you'll still be staying in Ireland, and your spouse goes to the UK, highly doubt that'll fly.
https://www.gov.uk/uk-family-visa/partner-spouse
You and your partner must intend to live together permanently in the UK after you apply.
So the plan is to apply for jobs in London while still living in Dublin. She currently has a contract job here and doesn't want to quit until she has something else lined up, then we would move together to London. But most employers in the UK won't look at her application unless she has a valid UK working visa, hence our plan to get her a dependent Visa before moving to London.
A few things to consider: what you are planning the way you are planning it, is not lawful.

Otherwise:

1. If you officially move to Northern Ireland, what would be the effect on your wife´s ROI residence permit?

2. What would be the effect on your employment in terms of tax and social contributions?

3. Have you looked at UK spouse visa requirements? Would your hypothetic room in Belfast meet the accommodation requirements?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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Ticktack
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Re: Get visa in N Ireland, work in London?

Post by Ticktack » Mon Oct 10, 2022 9:36 am

Just to add a little bit to all that has been mentioned. You working remotely still in Ireland sounds all good, but you also need a UK job paying minimum £18,600.
How do you plan to also do that?
It sounds all easy to do in theory, but the HO over the many years have seen it all. Flags would be raised.
No sin in failing, you just have to try and try again!

JoeKellyEire
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Re: Get visa in N Ireland, work in London?

Post by JoeKellyEire » Tue Oct 11, 2022 9:42 pm

Ticktack wrote:
Mon Oct 10, 2022 9:36 am
Just to add a little bit to all that has been mentioned. You working remotely still in Ireland sounds all good, but you also need a UK job paying minimum £18,600.
How do you plan to also do that?
It sounds all easy to do in theory, but the HO over the many years have seen it all. Flags would be raised.
Ticktack wrote:
Mon Oct 10, 2022 9:36 am
Just to add a little bit to all that has been mentioned. You working remotely still in Ireland sounds all good, but you also need a UK job paying minimum £18,600.
How do you plan to also do that?
It sounds all easy to do in theory, but the HO over the many years have seen it all. Flags would be raised.
I wasn't aware that I would have to have a UK job in order to qualify.
So from the sounds of it, the only way my wife can get a Visa in the UK is if I quit my job in Ireland, get a new employer in the UK, then my wife can move with me and apply for a spouse visa...

I hadn't read that detail though. Are you sure this applies to Irish citizens? Our situation is a bit different from other EU countries. I'm pretty sure that I read somewhere that UK and Irish citizens can live in one country and work in the other.

https://www.citizensinformation.ie/en/g ... rkers.html
At least the above link would indicate that is the case, which makes sense given people near Northern Ireland often live in one country and work in the other...

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contorted_svy
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Re: Get visa in N Ireland, work in London?

Post by contorted_svy » Tue Oct 11, 2022 9:52 pm

JoeKellyEire wrote:
Tue Oct 11, 2022 9:42 pm
Ticktack wrote:
Mon Oct 10, 2022 9:36 am
Just to add a little bit to all that has been mentioned. You working remotely still in Ireland sounds all good, but you also need a UK job paying minimum £18,600.
How do you plan to also do that?
It sounds all easy to do in theory, but the HO over the many years have seen it all. Flags would be raised.
Ticktack wrote:
Mon Oct 10, 2022 9:36 am
Just to add a little bit to all that has been mentioned. You working remotely still in Ireland sounds all good, but you also need a UK job paying minimum £18,600.
How do you plan to also do that?
It sounds all easy to do in theory, but the HO over the many years have seen it all. Flags would be raised.
I wasn't aware that I would have to have a UK job in order to qualify.
So from the sounds of it, the only way my wife can get a Visa in the UK is if I quit my job in Ireland, get a new employer in the UK, then my wife can move with me and apply for a spouse visa...

I hadn't read that detail though. Are you sure this applies to Irish citizens? Our situation is a bit different from other EU countries. I'm pretty sure that I read somewhere that UK and Irish citizens can live in one country and work in the other.

https://www.citizensinformation.ie/en/g ... rkers.html
At least the above link would indicate that is the case, which makes sense given people near Northern Ireland often live in one country and work in the other...

This doesn't necessarily apply to spouse visas though.

Also plenty of employers will offer sponsorships for visas - a friend of mine found work in the UK before she had a valid work visa and the prospective employer sponsored her. So you and your wife can look for jobs in the UK together and your wife can get a visa when she gets a job offer.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Ticktack
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Re: Get visa in N Ireland, work in London?

Post by Ticktack » Tue Oct 11, 2022 11:00 pm

I hadn't read that detail though. Are you sure this applies to Irish citizens? Our situation is a bit different from other EU countries. I'm pretty sure that I read somewhere that UK and Irish citizens can live in one country and work in the other.
Under the CTA, British and Irish citizens can move freely and reside in either jurisdiction and enjoy associated rights and privileges, including the right to work, study and vote in certain elections, as well as to access social welfare benefits and health services.

However, your wife is from Japan. Irish citizens are treated as settled upon taking up residency in the UK. That means they are treated the same way with British citizens, EU settled status and ILR persons. But, all the mentioned categories can't wake up and just bring foreign spouse to come and live in the UK. They all have to jump thru hoops, even Brits.

https://www.gov.uk/uk-family-visa/partner-spouse
Give proof of your income
You and your partner must have a combined income of at least £18,600 a year if:

you’re applying as a partner
you want to settle in the UK (get ‘indefinite leave to remain’) within 5 years
You must prove you have extra money if you have children who:

are not British or Irish citizens
do not have pre-settled status
are not permanently settled in the UK
You might not need to prove you have extra money if your children are citizens of the EU, Iceland, Liechtenstein, Norway or Switzerland and they do not have pre-settled status or are not permanently settled in the UK. Check the guidance in appendix FM 1.7: financial requirement for more information.

If you need to prove extra money for your children, you’ll need to earn an extra:

£3,800 a year for your first child
£2,400 a year for each child you have after your first child
This is called the ‘minimum income requirement’.

You may be able to use your savings instead of income.

How you prove you have the money depends on how you got the income.

If you’ve experienced a loss of income because of coronavirus (COVID-19), for example if you’ve been furloughed or you’re self employed, you might still be able to apply. Read the guidance for UK visa applicants and temporary UK residents.

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
income you earn from self-employment or as a director of a limited company in the UK - check your Self Assessment tax return
cash savings above £16,000
money from a pension
non-work income, for example from property rentals or dividends
If you’re using income from self-employment or employment, you’ll need to prove you or your partner received that income for 6 months or more.

Example

You’ve worked with the same employer earning £18,600 or more for 6 months or longer.
No sin in failing, you just have to try and try again!

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