Spouse Visa - working abroad

[H20]

Hi

My wife (a non-eu citizen) has a UK spouse visa with 12 months to run. I am British. We don't have any children or dependents here in the UK.

I have been offered a job with a new employer in a non-eu country. For various reasons, my wife will not be able to travel with me for 6-8 months and we are hoping she will be able to remain in the UK without me for that time. She would be living in our house and there is not question that our relationship would not be continuing. I would probably visit the UK around once every 6 weeks. She would then leave the UK before the expiration of her visa.

From a visa perspective, does anyone have any thoughts as to potential problems with this approach or points we should consider? We will deal with tax later even if it means being domiciled in two places.

Thanks!

[taffet87]

You haven't mentioned if you want your wife to apply for ILR and also if she is nearing her 5 year mark on spouse visa or 2.5

[Tamandua]

I don't think you can be domicilied in two places. My husband was 'domicilied' in the UK and Spain (he has a house in the UK, lived in Spain and was employed in Gibraltar) and my spouse visa was refused. One of the reasons was: he wasn't a British citizen in the UK, even though I was living in our house, he visited me in the UK at the weekends, was paid in his UK bank account, and even worked for a number of weeks at one of his company's offices in the UK. I also provided evidence and the HO pointed out that my husband was present but not 'settled' in the UK.

For the HO, you are either a resident of the UK (work in the UK) or live abroad (work abroad).

The HO won't be happy to find out you left the UK to work abroad leaving your spouse here. 1 month is acceptable but 6-8 months is not, especially because you were offered a new job. It's not like your company sent you to another country to work in one of their offices temporarily.

Whether the HO will find out or not... I don't know. Bear in mind you sponsored her visa. If you are not 'present and settled in the UK' anymore, she has no grounds to stay.

That's just my opinion based on my experience. I'm sure other members can come up with more ideas.

[H20]

Thank you, for these replies.

My wife is nearing 2.5 years so we have not yet really given much thought to ILR.

The problem is that my new role has a trial period of between 3-6 months (under discussion) during which either I, or the company, can decide it's not working for me. We don't want my wife to leave her job then have to move everything back to the UK if I am asked to leave and/or decide the new role is not suitable. It would be infinitely more sensible for her to follow me once I had decided to make the move permanent.

[Tamandua]

In my opinion, the HO will find out that your wife remained in the UK without you for a certain period of time because they will check your (and her) national insurance record to see what you both have paid. They will obviously notice you paid voluntary contribution to fill the gap. That will jeopardise her visa extension.

If things work out for you, that's great. Your wife will be able to apply for an entry clearance in the future, although that won't prevent the caseworker from checking the national insurance records. If you are asked to leave your new job, then she will have a huge problem.

Trying to frustrate the immigration rules is not a good idea. One of the requirements for the visa is that you both must intend to live together permanently in the UK.