Sponsor Mostly Outside the UK

[samira_uk]

Hi,

One of my friends is a British citizen and she wants to bring her husband here. She is employed by a UK company in the UK and pays taxes on her income in the UK. However, due to the nature of her job, she is outside the UK most of the time (maybe more than 8 months a year). Now, she wonders whether she is able to bring her husband using her income in the UK? I did not see anywhere in the rules that the sponsor should be in the UK most of the time and there are provisions about their income and the required documents.

Any similar case or experience?

Thanks in advance

[seagul]

In this case if the job is like army/consular/scientist/footballer/doctor/journalist or similar like that then it's understandable & justifiable. But if it's family run business by the applicant and it's not reputable in market then it will trigger gigantic investigation & delays.

[Casa]

Hi,

One of my friends is a British citizen and she wants to bring her husband here. She is employed by a UK company in the UK and pays taxes on her income in the UK. However, due to the nature of her job, she is outside the UK most of the time (maybe more than 8 months a year). Now, she wonders whether she is able to bring her husband using her income in the UK? I did not see anywhere in the rules that the sponsor should be in the UK most of the time and there are provisions about their income and the required documents.

Any similar case or experience?

Thanks in advance

The crucial issue here is whether your friend is intending to settle in the UK with her husband. In order for a spouse to qualify they must (intend & continue) to live together in the UK with their sponsor. Proof of co-habitation will be required at each step of the 5 year period, which will require documented evidence that the marriage is subsisting.

If your friend is outside of the UK for 8 months in a year, this is unlikely to meet these conditions, regardless of their type of employment (assuming not military or Government). You haven't said whether your friend's husband will travel with her or remain in the UK?

[samira_uk]

Thank you for your replies.

1-His job is in procurement and so she needs to travel a lot. It is not a big business but not a family run as well. Again, I have not seen anywhere in the rules that the british sponsor should be in the UK most of the time.

2-This situation will change definitely after issuance of her husband's visa as he will move to the UK and the sponsor intends to change her work pattern to be in the UK most of the time so there wont be any issue about the ILR

Thanks

[Tamandua]

Thank you for your replies.

1-His job is in procurement and so she needs to travel a lot. It is not a big business but not a family run as well. Again, I have not seen anywhere in the rules that the british sponsor should be in the UK most of the time.

2-This situation will change definitely after issuance of her husband's visa as he will move to the UK and the sponsor intends to change her work pattern to be in the UK most of the time so there wont be any issue about the ILR

Thanks

My husband worked in the UK many times a year (even months) but he was officially employed by a UK company in Gibraltar. Because of that he wasn't considered 'settled' in the UK, therefore, my visa was refused. If your friend works for a UK company in the UK and pays taxes here, I don't think her husband will have problems because the whole application is about ticking boxes, payslips, bank statements and proof of communication between the couple. Perhaps evidence that they travelled together or visited each other.

[seagul]

Thank you for your replies.

1-His job is in procurement and so she needs to travel a lot. It is not a big business but not a family run as well. Again, I have not seen anywhere in the rules that the british sponsor should be in the UK most of the time.

2-This situation will change definitely after issuance of her husband's visa as he will move to the UK and the sponsor intends to change her work pattern to be in the UK most of the time so there wont be any issue about the ILR

Thanks

If the business is not reputable in market or not have heavy turn over then it can trigger heavy suspicion as procurement is not a type of job where you can be outside uk for 8 months a year. I don't think you can find exactly the guidance which suits you rather you have to meet the requirements which suits to HO. So if you can't find anything in guidance or there is no court judgement exist then more likely it won't be permissible/acceptable.
Moreover, if the sponsor spouse found in applicant's country doing that procurement job for 8 months then it will further trigger investigations. Again you have to meet the requirements as in guidance rather HO need to meet your requirements, if can't find guidance/case reference then more likely it's not acceptable.

[Casa]

Thank you for your replies.

1-His job is in procurement and so she needs to travel a lot. It is not a big business but not a family run as well. Again, I have not seen anywhere in the rules that the british sponsor should be in the UK most of the time.

2-This situation will change definitely after issuance of her husband's visa as he will move to the UK and the sponsor intends to change her work pattern to be in the UK most of the time so there wont be any issue about the ILR

Thanks

If the business is not reputable in market or not have heavy turn over then it can trigger heavy suspicion as procurement is not a type of job where you can be outside uk for 8 months a year. I don't think you can find exactly the guidance which suits you rather you have to meet the requirements which suits to HO. So if you can't find anything in guidance or there is no court judgement exist then more likely it won't be permissible/acceptable.
Moreover, if the sponsor spouse found in applicant's country doing that procurement job for 8 months then it will further trigger investigations. Again you have to meet the requirements as in guidance rather HO need to meet your requirements, if can't find guidance/case reference then more likely it's not acceptable.

There's no dispute that a procurement role can require long periods outside of the UK! However, in order to meet the conditions for FLR(M) and SET(M), the sponsor will be required to show that they are 'settled' and 'ordinarily resident' in the UK throughout their husband's qualifying period. With more time spent abroad than in the UK, this may prove to be difficult.

[Tamandua]

With more time spent abroad than in the UK, this may prove to be difficult.

Not necessarily. The British spouse works in the UK and pays taxes on her income in the UK. Just because her role requires extensive travel doesn't mean she is not an ordinarily resident in the UK. Unless she transferred the centre of her life somewhere else, she is still a genuine resident in the UK.
If the visa gets refused they will have grounds to appeal.

My leave to remain was refused because the job offer my husband provided wasn't 'official' according to the HO. They were expecting a formal contract. Consequently, from the HO's perspective, my husband was still paying taxes in Gibraltar. Hence, he wasn't a UK citizen in the UK at the time of the application.

[secret.simon]

Ordinary residence - UKV&I

[samira_uk]

Thank you for your replies.

1-His job is in procurement and so she needs to travel a lot. It is not a big business but not a family run as well. Again, I have not seen anywhere in the rules that the british sponsor should be in the UK most of the time.

2-This situation will change definitely after issuance of her husband's visa as he will move to the UK and the sponsor intends to change her work pattern to be in the UK most of the time so there wont be any issue about the ILR

Thanks

If the business is not reputable in market or not have heavy turn over then it can trigger heavy suspicion as procurement is not a type of job where you can be outside uk for 8 months a year. I don't think you can find exactly the guidance which suits you rather you have to meet the requirements which suits to HO. So if you can't find anything in guidance or there is no court judgement exist then more likely it won't be permissible/acceptable.
Moreover, if the sponsor spouse found in applicant's country doing that procurement job for 8 months then it will further trigger investigations. Again you have to meet the requirements as in guidance rather HO need to meet your requirements, if can't find guidance/case reference then more likely it's not acceptable.

There's no dispute that a procurement role can require long periods outside of the UK! However, in order to meet the conditions for FLR(M) and SET(M), the sponsor will be required to show that they are 'settled' and 'ordinarily resident' in the UK throughout their husband's qualifying period. With more time spent abroad than in the UK, this may prove to be difficult.

Thank you however as I explained before this pattern will change after granting the visa