Settlement Visa and Overseas Employment

[Surfeit]

Hello all, and I hope someone can help with our situation.

I have a settlement visa currently processing for my wife to move over to the UK. She applied for a UK based job and everything looked good, but now the company is requesting she signs an initial 6 month contract in an overseas nation (her country).

I don't feel comfortable with this, as to my knowledge she will be a UK resident once we are in the UK. They want her to leave the UK for some work trips, which should be fine so long as she keeps it under 180 days, but I fear a working contract in another country along with being outside the UK for a few months will not look good at all. I also fear there's regulations to forbid this kind of things (although I can't find them).

Any thoughts or suggestions?

[Casa]

How has she been offered employment when her spouse visa is still being processed? Is this why the UK company has insisted she signs a 6 month work contract related to her home country

[Surfeit]

It's a multi-national company but the position she applied for is in the UK. Basically the UK hiring manager wants her to start ASAP (once the visa comes through). The company want her to sign immediately so that she can understand the corporate culture more thoroughly, that's why they are offering a contract now. The idea is that once she has legal status to work in the UK they will transfer her internally.

However they would like her to stay on the payroll in her home country for at least 6 months, as she will have to return there for certain aspects of her job.

[Casa]

My understanding is that as there isn't a '180 absence limit' on a Spouse visa, as long as there is evidence of co-habitation in the UK there shouldn't be an issue for her to carry out the required periods of work in her home country. More importantly, the Home Office will want to see that you as the sponsor are settled in the UK and the relationship is subsisting during her absence.

Wait for comments from others.

(I'm assuming you aren't relying on her earnings in order to meet the minimum income level of £18,600 p.a)

[Surfeit]

Thanks, Casa.

[CR001]

Are you aware that her initial visa in her passport is only valid for 30 days??

[Surfeit]

Hey CR001, Yes! I made arrangements for her Residency Card to be sent to a postoffice in my hometown, so I'll collect that as soon as we arrive. Will call the JobCentre to get a NI number and the company will put us in a hotel while we find an apartment and sort out a UK bank account. I think 3 weeks -1 month and we should have everything sorted.

My main concern is that the company have asked her to sign an employment contract outside of the UK, which will overlap with us being in the UK. I'd hate for the HO to look into things and see she left the UK for work and was also employed overseas. But my understanding now is there is no restriction on the number of days she can leave the UK for work, so in reality I just have to make sure we can show the long-term goal of settlement is real.

Forgive me for being unknowing or mistaken; There's so much information and it's not easy to understand it all.

[Casa]

You mention staying in a hotel arranged by your wife's future employment. What evidence have you submitted of adequate accommodation available on your arrival in the UK?

If you are currently residing in China with your wife and intend to re-locate to the UK together, are you qualifying for the financial condition with £62,500 in savings?