UK Spouse settlement Visa for a returning citizen

[babwilms]

Evening all. I am new on this forum and your help will be much appreciated.

I am a British and Nigerian citizen, currently resident in Nigeria and employed as a Nigerian.

How can I get my Nigerian partner into the UK to settle with our British children, while I still keep my Job here in Nigeria? I am currently earning above the stipulated annual salary and I still want to keep my job here in Nigeria.

[CR001]

Are you returning to the UK or staying in Nigeria to work? Your post is confusing.

How can I get my Nigerian partner into the UK to settle with our British children, while I still keep my Job here in Nigeria?

[babwilms]

How can I move my non EU wife and British children to the UK without me leaving my job here in Nigeria. Hooe you understand now.

[noajthan]

How can I move my non EU wife and British children to the UK without me leaving my job here in Nigeria. Hooe you understand now.

You would be expected to be in UK so spouse may join you.

Is wife estranged from you and with sole custody of children?

Does wife qualify in own right for a Tier 2 (work) or Tier 4 (study) visa?
Any inclination to work and/or study?

[babwilms]

We are living together in Nigeria working ang taking care of the children.
I want her to move to the UK with the children to work and take care of the children, while I shuttle between the UK and Nigeria since my job here in Nigeria is flexible 6 weeks on and 6 weeks off.

[noajthan]

We are living together in Nigeria working ang taking care of the children.
I want her to move to the UK with the children to work and take care of the children, while I shuttle between the UK and Nigeria since my job here in Nigeria is flexible 6 weeks on and 6 weeks off.

Start here then:
https://www.gov.uk/join-family-in-uk/overview

You will have to dig into the 50% duty cycle.

[babwilms]

Please what do you mean by 50% duty cyle?
I have gone through the link several times but it still does not answer my question.
The thing is I want my wife and children to be in the UK and my wife should be able to work. Since I am not ready to leave my job abroad, to become fully settled in the UK, what is the way aroud it?

[physicskate]

what is the way aroud it?

There isn't. Rules is rules. That's kind of the point of them.

[secret.simon]

Is a Chen or Zambrano derivative card possible, in either the UK itself or in another EU country? I am going by the logic that as the father is effectively absent half the year, that the Nigerian mother could be argued to have effective sole custody of the child. If need be, the father may have to grant his spouse sole custody of the child by court order for this option to work.

Given the fact that the British citizen father is flitting about every few weeks, I presume that the SS route is out of the question.

To the OP: A Chen/Zambrano card will not give the Nigerian mother any right to settle in the UK and she will have to return to Nigeria when the youngest child reaches 18. How old is your youngest (British citizen) child?

I want my wife and children to be in the UK and my wife should be able to work. Since I am not ready to leave my job abroad, to become fully settled in the UK, what is the way aroud it?

The Rules give a British citizen the ability to bring his/her spouse with them into the UK, so that they can live as a family unit. If you spend as much time in Nigeria as you do in the UK, you can maintain your family unit in Nigeria (where your wife has right to reside as a citizen) rather than the UK.

You will almost certainly have to look to EU laws, which will require moving to an EU country other than the UK. Even EU laws, flexible as they are, require you to be resident in the same country, though not in the same house, as your spouse for your spouse to qualify living in that country.

[babwilms]

The eldest child is 5 years old.
Pls advice. What if I sponsor her to do a MSC course in a UK university for a year, meaning I get to rent a house in my name, utility bills in my name, after about 6 months of doing this I should be considered as a settled/resident person in the UK. She will then convert the student visa into a spouse settlement visa. While I still shuttle between UK and Nigeria before I can get a work in the UK.

What do you think? Will it work?

[Casa]

The eldest child is 5 years old.
Pls advice. What if I sponsor her to do a MSC course in a UK university for a year, meaning I get to rent a house in my name, utility bills in my name, after about 6 months of doing this I should be considered as a settled/resident person in the UK. She will then convert the student visa into a spouse settlement visa. While I still shuttle between UK and Nigeria before I can get a work in the UK.

What do you think? Will it work?

...and how will you show UK income of £18,600 per annum in order to meet the minimum finance level required for a spouse visa? 6 months of UK payslips + corresponding bank statements.

[noajthan]

Please what do you mean by 50% duty cyle?
I have gone through the link several times but it still does not answer my question.
The thing is I want my wife and children to be in the UK and my wife should be able to work. Since I am not ready to leave my job abroad, to become fully settled in the UK, what is the way aroud it?

The answer is your question appears unanswerable.

The family visa route is evidently to engender and strengthen British-based families with a British spouse - in Britain.
The universe is speaking to you - or at least UKVI universe.


(50% duty cycle = 50% in UK; 50% abroad).

[babwilms]

I am earning close to £30k here in Nigeria with the option of earning more very soon, my company is not willing to move me to our UK operations. I have been applying for a job for over a year in the UK right now but nothing is coming forth. But the fact is I want my children to have British upbringing. The only thing keeping me here is the job.

There must be a way aroud thiis thing or will I be in exile for how long?

[noajthan]

I am earning close to £30k here in Nigeria with the option of earning more very soon, my company is not willing to move me to our UK operations. I have been applying for a job for over a year in the UK right now but nothing is coming forth. But the fact is I want my children to have British upbringing. The only thing keeping me here is the job.

There must be a way aroud thiis thing or will I be in exile for how long?

UK family route is clearly primarily for families based in UK.

Zambrano is a tricky area and needs specialised advice. There are few Zambrano-heads on the Board, you may need to seek professional advice.
To use Zambrano it would probably be easier if you were divorced so mom was single-mom with British children;
(hence earlier questions about PRA/custody).

Otherwise suggest wait until all can relocate back to Blighty.