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Spouse remaining in UK if sponsor leaves UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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andrewevelyn
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Posts: 4
Joined: Sun Oct 15, 2017 9:55 pm
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Spouse remaining in UK if sponsor leaves UK

Post by andrewevelyn » Sun Oct 15, 2017 10:02 pm

Hi all,

I am a UK citizen and my wife entered the UK on a spouse visa and now has a Biometric Residence Permit (she does not yet have ILR).

My wife and I both work in the UK.

I may soon be sent to work overseas. My wife will join me a few weeks after that.

Does anyone know whether my wife is permitted to be employed by a UK employer in the short period after I have already left the UK? (a couple of weeks).

Is there a process we must go through?

If it makes any difference:
- she may physically not be in the UK during that period (travelling on business)
- we will still have a UK residence in that period
- we have a child who is a UK citizen.

Also: although I used my employment income to support our original application (financial requirement), it is possible that I will still have sufficient income from UK rental income to qualify even after I cease to have UK employment.

Thank you,

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse remaining in UK if sponsor leaves UK

Post by Casa » Sun Oct 15, 2017 10:12 pm

I'm not sure what your future intentions are. Your wife can continue to work in the few weeks before she joins you overseas, however how long do you both plan to remain outside of the UK?

If you are no longer resident in the UK, your wife won't qualify to extend her visa when her current one expires.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

andrewevelyn
Newly Registered
Posts: 4
Joined: Sun Oct 15, 2017 9:55 pm
United Kingdom

Re: Spouse remaining in UK if sponsor leaves UK

Post by andrewevelyn » Sun Oct 15, 2017 10:19 pm

Hi Casa,

Thanks very much for your reply.

We will be leaving the UK indefinitely, so it is not a problem that my wife will not be able to renew her spouse visa at next renewal.

We only need to know about the couple of weeks after I have left the UK, whether she is still entitled to work in the UK until her current BRP expires.

Is there any obligation to advise the Home Office of this situation?

Thank you,

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse remaining in UK if sponsor leaves UK

Post by Casa » Sun Oct 15, 2017 10:28 pm

No requirement and she can continue to work for the short period before she joins you.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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