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Tax situation is not so simple, you will pay tax in both places subject to DTA, as with a spouse in UK you will be tax resident in both places.mrashid10249 wrote:Dear All
I have a question on spouse visa FLR, if anyone could answer please?
I am a British Citizen. my wife is from a non EU country and on a spouse visa. She joined me in may 2014. Her extension in her spouse visa is due in December 2016. we have a baby boy who was born in UK and holds British passport. My company intends to send me to a non EU country for work for initially about 9 months, and I will have to leave UK in couple of months. I don't want to disturb my wife's spouse visa validity, and therefore intend she would stay in UK while I go overseas for work. I will obviously return to UK after completing assignment and live here permanently. My question is:
1. if i leave UK for work on a temporary assignment, would it effect her eligibility to stay in UK?
2. if I don't pay taxes in UK and pay taxes locally in host non EU country, can she still extend her spouse visa and eventually get ILR after completing 5 years?
I would be obliged if someone can share his experience regarding that issue
many thanks
She would need a visa.mrashid10249 wrote:thanks Wanderer for reply.
If we both go outside UK and live together in that non EEA/EU country for 9 months or so, can she still get FLR(M) upon return? are there any specific rules for that please?
many thanks
I meant to state that your wife should probably remain in the UK and be resident there during that time to strengthen her application... I know this will be difficult for both of you.Casa wrote:Good advice. When your wife applies for her next visa extension, the Case Worker will want to see that your relationship is subsisting and that your marital ties remain in the UK. It would help if in addition to proof of contact, you continue to retain utility bills, tenancy or mortgages, bank accounts etc in joint names at your UK address as these will be required throughout the qualifying period. Also keep the plane tickets to prove visits home.
IMHO it will be simpler if your wife remains in the UK.