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

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
Youth
Newly Registered
Posts: 2
Joined: Mon Jun 13, 2016 10:26 pm

Spouse visa

Post by Youth » Mon Jun 13, 2016 10:51 pm

Hi all

I m a british citizen but my wife is not . She is on spouse visa and her visa is expiring on april 2018. And we are expecting a baby by end of june. I m planning to go to australia on working holiday visa for one year leaving my wife and baby in the uk . Will it effect my wife visa as we wont be living togather for one year .

Can any body help me with this .

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

Re: Spouse visa

Post by vinny » Tue Jun 14, 2016 12:09 am

Your long absence may adversely affect your subsisting marriage, which may in turn affect your wife's status.
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.

Youth
Newly Registered
Posts: 2
Joined: Mon Jun 13, 2016 10:26 pm

Re: Spouse visa

Post by Youth » Tue Jun 14, 2016 10:17 am

Youth wrote:Hi all

I m a british citizen but my wife is not . She is on spouse visa and her visa is expiring on april 2018. And we are expecting a baby by end of june. I m planning to go to australia on working holiday visa for one year leaving my wife and baby in the uk . Will it effect my wife visa as we wont be living togather for one year .

Can any body help me with this .
Thanx for your reply can she still apply for extansion . And how often do i need to visit and for how long to maintain the visa ???

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

Re: Spouse visa

Post by vinny » Tue Jun 14, 2016 10:45 am

There's no guidance at present. However, she may fail E-LTRP.1.10.
E-LTRP.1.10 wrote:The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.
Moreover, who is going to look after her and your baby while you are away?
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.

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse visa

Post by Casa » Tue Jun 14, 2016 3:58 pm

"or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."

I very much doubt that the Case Worker assessing your wife's application to remain in the UK, will be convinced that a husband (as the sponsor) jaunting off to the other side of the world for a 12 month working holiday is a good reason for the separation. :|
(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.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Spouse visa

Post by Wanderer » Tue Jun 14, 2016 4:02 pm

Casa wrote:"or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."

I very much doubt that the Case Worker assessing your wife's application to remain in the UK, will be convinced that a husband (as the sponsor) jaunting off to the other side of the world for a 12 month working holiday is a good reason for the separation. :|
I wonder too how the OP would pass the financial tests for the FLR extension assuming the mother will be bringing up baby (alone).
An chéad stad eile Stáisiún Uí Chonghaile....

User avatar
Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse visa

Post by Casa » Tue Jun 14, 2016 4:13 pm

Wanderer wrote:
Casa wrote:"or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so."

I very much doubt that the Case Worker assessing your wife's application to remain in the UK, will be convinced that a husband (as the sponsor) jaunting off to the other side of the world for a 12 month working holiday is a good reason for the separation. :|
I wonder too how the OP would pass the financial tests for the FLR extension assuming the mother will be bringing up baby (alone).
+1 Good point. You're on the ball today Wanderer :wink: Maybe they have £62,500 in savings to make up for the lack of UK earnings. :|
(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.

Locked