My gf is on the 2.5 years spouse visa (end on Jan 2018) and she is currently studying in the UK. My work requires me to move to Dublin sometime next year, and she could not come with me due to studies.
I am confused about the rule, especially on time where the couple spending not living together.
I would assume this only applies when the couple lives aboard together.In applications for further limited leave to remain or for indefinite leave to remain in the
UK as a partner, where there have been limited periods of time spent outside the UK, this must
be for good reasons and the reasons must be consistent with the intention to live together
permanently in the UK. Good reasons could include time spent in connection with the
applicant’s or their partner’s employment, holidays, training or study.
If the couple have spent the majority of the period overseas, there may be reason to doubt that
all the requirements of the Rules have been met, e.g. that the couple intend to live together
permanently in the UK. Each case must be judged on its merits, taking into account reasons for
travel, length of absence and whether the applicant and sponsor travelled and lived together
during the time spent outside the UK. These factors will need to be considered against the
requirements of the Rules.
My question is
1, If I move back to the UK after working at Dublin for about six months, and during which she is living in the UK. How this would affect the visa when we are making an application for extension at 2018?
2, If I come back to the UK every weekend while working at Dublin, and do not register a permanent address at Dublin, can I still count as living in the UK with her? (Like those people who work aboard regularly)
3, If I intend to work in Dublin for much longer, does she need to cancel her current visa and switch to Tier 4 Student visa?
4, If she does cancel this visa and use a Student Visa, how would it affect our future applications, would they would have thought our relationship has been broken and is therefore not recognised?