Staying outside of UK for 6 months maternity & setting up business - ILR/spouse visa issues?

[happyhippo123]

Hi everyone

I'm a British citizen and my Indian husband is currently on his first Spouse visa - we will be applying for FLR (M) next year. We meet all the income criteria etc. Our first baby is due next year and whilst i am maternity, we plan to spend 6 months in UK and 6 months in India (visiting his family etc). Whilst in India, we would also like to set up a business to help his family out there and help us get on the property ladder (it involves buying land and running a tourist camp).

Does anyone know whether setting up a business in India when on a spouse visa (and subsequently applying for ILR) would be an issue? We would obviously pay taxes etc and are only doing so as we plan to stay there for 6 months to stretch out the money whilst i am on maternity leave and make the most of seeing his family etc. We would stay less than 180 days (which I think is the requirement for the following ILR?).

My job will be open for the year maternity leave and we will live together for duration of the 6 months in India. We will both return to our flat (my mortgage) and our respective UK jobs once the 6 months/maternity leave in India is over.

Can anyone foresee any issues with this when we then come to apply for ILR? We don't want to mess up anything with the visas. It just seems an ideal way to use some of the maternity leave, sharing it out between the families and also setting up a business which can help us in the future financially.

I've searched and searched and can't see anything about this on the spouse visa info or ILR.

Thanks for any info.

[Casa]

Considering the length of your planned absence from the UK, how you meet the minimum income level of £18.600 p.a required for FLR(M)? Do you have substantial savings?

[happyhippo123]

I'll be on a year's UK maternity leave and return to my job after the 12 month period (everyone in UK is granted one year's maternity). So the income in the UK isn't an issue as I will be employed throughout my maternity and return to my full time job. I think lower income whilst in maternity leave is excluded from calculations.

[happyhippo123]

Also, we will be applying for FLR (M) just prior to leaving to India and then ILR 2.5 years later. My income is fairly high so taking full maternity leave isn't an issue I don't think. My concern is more to do with whether the HO would frown upon:

1. Us staying together outside of UK for 6 months (though argument is that it's a special period of maternity leave and we wouldn't stay longer than 180 days so that we don't jeopardise ILR application (hope I've got that right?!)

2. Starting a business abroad when on a UK spouse visa. This wouldn't involve us having to live there as we can give the place to rent for another season and then just file a tax return here. I can't see anything about investing abroad when on Spouse visa?

Thanks for any help.

[happyhippo123]

Thanks for your response Casa. Anyone got any other words of wisdom? Quite desperate to sort this out and not do the wrong thing!

Do you know if it's even okay to have a business abroad when on a spouse visa? Would be staying in UK most of the time though except for when setting it up on maternity leave and would be both my husband and I investing together.

Thanks a lot all.

[CR001]

What you do in another country is irrelevant to the spouse visa. Not sure why you think there is an issue.

[happyhippo123]

Oh really? Thank you! I was worried that they would say that we were not committed to living in the UK if we were setting up a business in another country. I don't think the 6 months maternity leave in India would be an issue as it's a special circumstance, under 180 days and we will be together throughout. Is that the case?

But I was worried that the setting up of a business abroad might be frowned upon as it might not seem committed to living in UK! It's just it's a good investment. We'd obviously need to work out tax situation etc Just didn't want to do wrong thing with visa. After this next visa we want to go for ILR so I am trusting it will be okay for that too? I don't know quite how they judge these things.

Am I also correct that you can't be outside of UK for more than 180 days in a year in order to apply for ILR? Don't want to jeopardise our chances.

Thanks so much for your input. I have been so worried about this.

[CR001]

Oh really? Thank you! I was worried that they would say that we were not committed to living in the UK if we were setting up a business in another country. I don't think the 6 months maternity leave in India would be an issue as it's a special circumstance, under 180 days and we will be together throughout. Is that the case?

There is nothing in the rules that prevents you from owning a business or property in your home country when you have a spouse visa. HO don't keep you prisoner in the UK. There is also NO 180 days absence limit for a spouse visa holder.

But I was worried that the setting up of a business abroad might be frowned upon as it might not seem committed to living in UK! It's just it's a good investment. We'd obviously need to work out tax situation etc Just didn't want to do wrong thing with visa. After this next visa we want to go for ILR so I am trusting it will be okay for that too? I don't know quite how they judge these things.

Yes it might, but it should not be an issue in terms of the immigration rules. The rule that is relevant is that you and your spouse both live in the UK.

Am I also correct that you can't be outside of UK for more than 180 days in a year in order to apply for ILR? Don't want to jeopardise our chances.

No, there is NO absence limit. Not sure why you think this.

[happyhippo123]

Thanks so much CR001 yeah that makes sense.

1. So visa wise, there's no issue with setting up a business abroad either when on a spouse visa for when applying for IRL?

2. Do you think spending 6 months out of the UK when on maternity leave will be deemed okay? I hope they don't think we're not living in the UK anymore. I will be returning to my job which will be open for the year maternity leave. And we will have our mortgage etc still going on my flat.

3. I have been going around in circles trying to work out the rules around how much time you can/can't spend outside the UK when on a spouse visa/in order to apply for ILR. Here's a link to somewhere I read it (can't find it now on HO site): https://www.carterthomas.co.uk/2018/01/ ... lications/

I so appreciate your help. this has been all buzzing around my head and it's so hard to find answers! Thank you.

[happyhippo123]

Here's some info that I think relates to that 180 day rule (new rules?):

In welcome news, the Government has confirmed in a new Statement of Changes in Immigration Rules, that the new 180 day ILR absence rule will not apply in relation to leave held before January 2018.

The specific amendment states that:

‘…for any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.’

Therefore if a person with leave to remain in the UK under Tier 1 Investor, Tier 1 Entrepreneur or Tier 2 General, for example, is due to apply for ILR on 1 January 2020 and their last extension of stay for a further two years was on 10 January 2018 (and therefore covers them up to the point they can apply for ILR), they will only need to calculate absences for each consecutive 12 month period counting backwards 5 years from 1 January 2020. If they have been absent for more than 180 days in any 12 month period during that time, this will no longer have an adverse effect on their application.

However, if the applicant was last granted an extension of stay on 12 January 2018, the period from then to the date of their ILR application will be assessed under the new requirement and they must ensure they spent no more than 180 days outside the UK in any 12 month period during that time. They can rely on the old rule in relation to time spent outside the UK before 12 January 2018.

[CR001]

It ONLY applies to PBS Dependents, i.e. Tier 1 dependent and Tier 2 dependents and NOT to spouse settlement visa holders!

[happyhippo123]

Oh okay brilliant, I had missed that. So just to clarify (and thank you - you've been amazing):

1. There's no rule at all about how much time you have to have spent in the UK on the spouse visa and how much you need to have spent for ILR (I know there's different rules for citizenship)?

2. Immigration/visa wise, there's no issue with setting up a business abroad either when on a spouse visa or for when applying for ILR?

3. Do you think spending 6 months out of the UK when on maternity leave will be deemed okay? I hope they don't think we're not living in the UK anymore. I will be returning to my job which will be open for the year maternity leave. And we will have our mortgage etc still going on my flat. I"m not sure quite how they judge 'living in uk' but essentially we would be on a long holiday type thing in India for 6 months or so whilst my maternity leave runs.

Thank you again.

[happyhippo123]

I can't see in this document where it specifies that it's allowed to be out for more than 180 days if on Spouse visa. The wording is so confusing! Do you have a link to where it's stated? Thank you.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

[CR001]

I can't see in this document where it specifies that it's allowed to be out for more than 180 days if on Spouse visa. The wording is so confusing! Do you have a link to where it's stated? Thank you.

https://assets.publishing.service.gov.u ... .0-EXT.pdf

Again, the link you have posted is ONLY relevant to PBS route ILR applications, as clearly stated on page 4 of the document.

There is NO ABSENCE limit stated or restriction in place for spouse settlement visa holders!!

[happyhippo123]

Thank you. So there's no time specifications for the spouse visa and time out of the country when on a spouse visa won't affect the subsequent ILR application then? It only has an impact for citizenship?

Seems that we are fine to ride of into the sunset then for the last 6 months of maternity and set up our biz venture?! thank you - this has settled my mind a lot and made me so happy!

Now to find an international tax advisor who can help with the tax side of having a biz in india!

Thank you!