Souse visa - Sponsor working holiday abroad

[griffin74]

Hi all

I'm in a rather grey area that I need help with. My current partner and intend to get married very soon so that he can stay in the UK (he is non-EU). We believe we meet all the current requirements to successfully be approved.

However as the sponsor (and native British Citizen) I have recently been approved for a Canadian Work and Travel Holiday visa and would like to go and work/travel there for 6 months next year (he would stay and work in the UK).

I am wondering how this might affect my partners application for ILR in the longterm, or would it simply be viewed as an extended holiday? I will obviously remain "settled" in the UK as I don't intend to seek long-term employment or right to remain in Canada, simply travel and short-term work.

Any help would be much appreciated and if you need any clarification, don't hesitate to ask.
Many thanks!

[Tamandua]

How can you remain 'settled' in the UK while working in Canada? The spouse visa won't be granted if the sponsor is not present and settled in the UK. Also, the couple has to provide evidence that they will live permanently in the UK. That's one of the requirements.

I'm sure your partner will be able to join you in Canada as a spouse --you have to check the immigration rules from that country. Then you might be able to return to the UK with a 'job offer', but the HO will expect a contract rather than an 'offer' to make sure you'll take up an employment in the UK.

[griffin74]

Hi Tamandua

Thank you for your reply. Our intention would be to live together in the UK after we are married for about 6 months then only I would travel abroad to Canada.

I don't intend to move to Canada permanently, just for about 6 months on the working holiday visa (similar to those offered for Australia and NZ). I have no offer of employment in Canada and would be working in bars/hostels/hospitality jobs just to support my travels a little.

This is what I wanted to check as I will still be settled in the UK, be on our house contract etc. and have every intention to return to the UK. I wondered if the HO would simply view my time away as an extended holiday when my partner comes to review their spouse visa in the future.

[Wanderer]

Hi Tamandua

Thank you for your reply. Our intention would be to live together in the UK after we are married for about 6 months then only I would travel abroad to Canada.

I don't intend to move to Canada permanently, just for about 6 months on the working holiday visa (similar to those offered for Australia and NZ). I have no offer of employment in Canada and would be working in bars/hostels/hospitality jobs just to support my travels a little.

This is what I wanted to check as I will still be settled in the UK, be on our house contract etc. and have every intention to return to the UK. I wondered if the HO would simply view my time away as an extended holiday when my partner comes to review their spouse visa in the future.

The rules are quite clear;

You and your partner must intend to live together permanently in the UK after you apply.

[Tamandua]

Hi Tamandua

Thank you for your reply. Our intention would be to live together in the UK after we are married for about 6 months then only I would travel abroad to Canada.

I don't intend to move to Canada permanently, just for about 6 months on the working holiday visa (similar to those offered for Australia and NZ). I have no offer of employment in Canada and would be working in bars/hostels/hospitality jobs just to support my travels a little.

This is what I wanted to check as I will still be settled in the UK, be on our house contract etc. and have every intention to return to the UK. I wondered if the HO would simply view my time away as an extended holiday when my partner comes to review their spouse visa in the future.

You are very welcome. I'm not sure you are aware of the rules. You have to be present and settled in the UK and meet the minimum income threshold in order to bring your spouse to the UK. The only option for you is to return to the UK from Canada with a job offer in the UK, then your spouse will be able to apply for a settlement visa from her home country. And you'll also have to prove you earned at least £18,600 per annum in Canada (or have been paid throughout that period of 6 months at that level of gross annual income.)

'Present and settled in the UK' means living, working and paying taxes here. Being on a house contract doesn't mean you are 'settled' in the UK. My husband was working in a British territory for a UK company. Even though he owns a house in the UK, worked in the UK many times a year (even consecutive months), was paid into his UK bank account, he still had to provide a job offer for me to remain in the UK as his spouse.