UK SPOUSE VISA - Spanish citizen marrying Canadian citizen

[Carlibard]

Hi all,

I am a EU citizen (from Spain) living and working in UK for more than 1 year. And in July I am marrying a Canadian citizen who would then relocate here in the US. The thing is that I am about to accept a job in the USA where I will have to leave for the next couple of years. My question is this: if my (future) wife comes to the UK under a spouse visa and a few months later I take this job in the US, would that make things complicated and hard to justify? Or would they even notice or find out that I am living and working abroad? I was thinking that maybe they wont even know that. Obviously I'll be traveling to UK every two months or so... but still I'd be living outside the UK.
Any opinion on this would be greatly appreciated.
Thanks!

[Plum70]

Unless you also hold British nationality or UK permanent residence, your wife cannot apply for a UK spouse visa. As the non-EEA spouse of a Spanish national, your wife can either:

1. Accompany or join you in the UK without prior entry clearance as she is a 'non-visa national' OR
2. She can apply for a EEA Family permit at the nearest BHC before accompanying or joining you in the UK

Bear in mind that her rights to reside in the UK depend on you residing and exercising treaty rights (employment, self-employment, self-sufficiency, studying) in the UK. The latter two would require you to have comprehensive sickness insurance covering your entire family.

Unless your intention is to make the UK your home where you work or are involved in other economic activity, your wife will NOT have a right to reside in the UK with or without you. By this I am saying, you cannot leave your wife in the UK while you shuttle to and from the US where you will be living, employed and paying tax in. You need to be residing in the UK for 6 months per year and exercising treaty rights for your wife's residence to remain legal in the UK.

Best thing your wife remains with you in the US until you are finally ready to move back to Europe.