ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spouse visa time spent out of the UK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

Locked
Yoyo77
Newly Registered
Posts: 14
Joined: Mon Mar 14, 2022 3:58 am
Algeria

Spouse visa time spent out of the UK

Post by Yoyo77 » Wed Aug 21, 2024 4:55 pm

Hello, I am a british citizen and my wife is on spouse visa. I got a job opportunity abroad for 2-3 years. After which I would like to return back to the UK. My question is: will my wife have a problem applying for a spouse visa extension/ILR when the time comes if the authorities notice a long absence? Does it raise in concerns on our plan on living in the UK? Again, we definitely plan to return back
Does having a mortgage help to prove otherwise? E.g. I have a mortgage and do not plan to rent the property out while I am abroad.
Thanks

Br28016
Junior Member
Posts: 65
Joined: Tue Jul 30, 2019 12:28 am
Mood:
United Kingdom

Re: Spouse visa time spent out of the UK

Post by Br28016 » Fri Aug 23, 2024 9:42 am

Can probably get away with spouse visa extensions when abroad although spouse would need to return to UK for that and potential issues with proving living together in UK. If not renting out house then should have evidence trail in terms of letters but face questions down stream over whether deceiving in application on where living. iLR application is likely to be more tricky and may end up having to reset the period to ILR to achieve ILR if need 5 years of continuous residency.

There are some categories of jobs where may work out ok such as crown servants overseas but definitely will prove challenging.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Spouse visa time spent out of the UK

Post by vinny » Fri Aug 23, 2024 10:06 am

Take care to prevent her from spending more than 2 continuous years outside of the UK.

See also Guidance.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

secret.simon
Moderator
Posts: 11303
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spouse visa time spent out of the UK

Post by secret.simon » Fri Aug 23, 2024 11:39 am

vinny wrote:
Fri Aug 23, 2024 10:06 am
Take care to prevent her from spending more than 2 continuous years outside of the UK.

See also Guidance.
In addition to the above, factor in that she needs to be in the UK to extend her spousal visa and that she can't travel abroad while the application is in progress.

Also, you, the British citizen spouse need to meet the financial income requirement in the UK at the time of the extension. That means that you will need at least six months of pay slips in the UK immediately before the extension.

Also, any long absences will almost certainly have an impact on any British citizenship application that she may want to apply for in the future.

The spousal visa is oriented towards the spouses of people who are settled in the UK. It doesn't really cater for people who are mobile across borders.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Yoyo77
Newly Registered
Posts: 14
Joined: Mon Mar 14, 2022 3:58 am
Algeria

Re: Spouse visa time spent out of the UK

Post by Yoyo77 » Sat Aug 24, 2024 2:45 pm

Thank you for your answers. Yes I am aware of 6 months of payslips and the different rules. I believe we can meet them. We are also aware that it will impact the citizenship.
If we spend more than half the period abroad, then we will have an issue with renewal!! It seems rather difficult to find a way!

Locked