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Spouse visa FLR while sponsor is abroad for work

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mrashid10249
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Spouse visa FLR while sponsor is abroad for work

Post by mrashid10249 » Wed Jun 29, 2016 10:33 am

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

Wanderer
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Re: Spouse visa FLR while sponsor is abroad for work

Post by Wanderer » Wed Jun 29, 2016 10:42 am

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
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.
An chéad stad eile Stáisiún Uí Chonghaile....

mrashid10249
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Re: Spouse visa FLR while sponsor is abroad for work

Post by mrashid10249 » Wed Jun 29, 2016 10:59 am

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

Wanderer
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Re: Spouse visa FLR while sponsor is abroad for work

Post by Wanderer » Wed Jun 29, 2016 11:19 am

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
She would need a visa.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: Spouse visa FLR while sponsor is abroad for work

Post by Casa » Wed Jun 29, 2016 11:26 am

If she is outside of the UK for 9 months she will require an additional FLR(M) extension within the 5 year period to make up the shortfall. Also bear in mind that FLR(M) can only be applied for from within the UK.

As 9 months absence could be considered as excessive, it may be wiser for her to stay behind and submit evidence of regular communication between you both during your time apart to prove a subsisting relationship.
(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.

strontiumdog74
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Re: Spouse visa FLR while sponsor is abroad for work

Post by strontiumdog74 » Wed Jun 29, 2016 5:28 pm

If you are working outside the UK but on secondment surely you will be employed as a UK employee still?

Will your pay be into your UK account from your UK employer or will you have a new employment contract in the new country along and be paid in that currency?
If I could offer you only one tip for the future, sunscreen would be it, the long-term benefits of sunscreen have been proved by scientists

Whereas the rest of my advice has no basis more reliable than my own meandering experience

mrashid10249
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Re: Spouse visa FLR while sponsor is abroad for work

Post by mrashid10249 » Wed Jun 29, 2016 5:36 pm

Dear Strontiumdog74, many thanks for reply. I will be paid to UK bank account from UK employer and it will be an international short term assignment. i will be paid in GBP and not in host country's currency


Many thanks

strontiumdog74
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Re: Spouse visa FLR while sponsor is abroad for work

Post by strontiumdog74 » Wed Jun 29, 2016 5:49 pm

Thanks for clarifying.

From my personal experience (I worked in Abu Dhabi for 6 months last year as a seconded employee (ie I was paid in the UK but worked in UAE) prior to taking a permanent job here in the UAE as a permanent employee.

As you are on secondment and be paid by your existing employer under your existing contract you will therefore only pay UK taxes, you will not be taxed in your country of work as you are not paid there.

I do not know how this will affect your future application however as you are not relocating to another country I assume that the fact you are still resident in the UK will count for something.

You will still therefore maintain paying bills and bank statements and pay slips in the UK as you would if you live there.

Will your employer provide travel for you to come back to the UK on a regular basis to visit your family or are you out there for the entirity of the contract?

My thoughts, based on no experience but some common sense (not a commodity known to UKVI I suspect), is that you working abroad will not affect your wife's eligibility to remain in the UK as effectively you are still resident in the UK. I also cannot see why this would affect your wifes long term ILR route. I would however suggest keeping chat, email and skype logs to cover the period you are away to prove your relationship was subsisting while you were away.

Hopefully someone else can comment if my thoughts are correct.
If I could offer you only one tip for the future, sunscreen would be it, the long-term benefits of sunscreen have been proved by scientists

Whereas the rest of my advice has no basis more reliable than my own meandering experience

mrashid10249
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Posts: 58
Joined: Fri May 06, 2011 2:57 am
Mood:
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Re: Spouse visa FLR while sponsor is abroad for work

Post by mrashid10249 » Wed Jun 29, 2016 5:59 pm

Many thanks for reply dear and its really very helping to understand my case. yes my employer will provide me travelling tickets quarterly to visit my family in UK and on my assignment cover page, its mentioned that it will be a single status placement means i am not entitled to take my family there at employer's expenses. if i wish, i can at my own expenses.

much appreciated for your clarification

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Casa
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Re: Spouse visa FLR while sponsor is abroad for work

Post by Casa » Wed Jun 29, 2016 6:02 pm

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.
(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.

strontiumdog74
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Re: Spouse visa FLR while sponsor is abroad for work

Post by strontiumdog74 » Wed Jun 29, 2016 6:10 pm

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.
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.
If I could offer you only one tip for the future, sunscreen would be it, the long-term benefits of sunscreen have been proved by scientists

Whereas the rest of my advice has no basis more reliable than my own meandering experience

mrashid10249
Junior Member
Posts: 58
Joined: Fri May 06, 2011 2:57 am
Mood:
United Kingdom

Re: Spouse visa FLR while sponsor is abroad for work

Post by mrashid10249 » Wed Jun 29, 2016 6:11 pm

many thanks all of you for such informative inputs

Kind Regards

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