Absence from UK on spouse visa

[simond]

Hi all,

A colleague of mine referred me to this discussion group. My wife is a non-EU citizen on a 2.5 leave to remain visa in the UK. We currently live in India. I had thought that we would just need to let the visa end and apply for a new leave to remain visa when we return to the UK but having read through the topics here and some other sources I see there is no requirement to fulfil the probationary period in the UK.

However, I am now more confused than ever as to what I can apply for when my wife's current leave to remain visa expires in June this year. My wife previously held a leave to remain visa (rules pre-July 2012) when the probationary period was 2 years only. I am now confused as to whether or not my wife can apply for ILR (as she qualifies under old rules to do so) or if she needs to apply for a second 2.5 year leave to remain application (as there was a gap between the two leave to remain visas she has had and that perhaps puts her onto new rules). If anyone can shed any light on this it would be very much appreciated!

If any doubt on the query I provided further details below:

Married: Feb 2012

Currently live in India: since June 2017

Long term plan to live in the UK - likely returning in June 2019 (end date of spouse current contract in India)

Wife's visa history UK:
-First leave to remain visa: September 2012 - September 2014 (note only 2 year visa given as the visa application was lodged in February 2012)
- No UK visa between September 2014 and September 2015 (living in Australia from Feb 2013 - Sep 2015 due to spouse work) - did not realise at that point that the probationary period could be served outside of UK so did not apply for ILR on completion
- Second (current) leave to remain visa: September 2015 - June 2018
(-previous visas held for UK: TIER 1 POST STUDY APR 2010 - APR 2012 + STUDENT SEP 2008 - Oct 2009)

[Casa]

I have split your post to your own topic from the inactive tread you had tagged your question onto.

Your wife is now on a 5 year route to settlement (ILR) and must apply for a further 2.5 year FLR(M) extension from within the UK before her current visa expires.

As the sponsor you will also have to show that you continue to meet the minimum income level of £18,600 p.a and your wife will have to pass the A1 level English test on the Home Office approved list of test providers. In addition to the visa fee (currently £933) she will also have to pay the £500 NHS surcharge.


Edit: However, I now see that you are both living in India. My understanding is that you will have to start again if you aren't settled in the UK

[debooy2]

I have split your post to your own topic from the inactive tread you had tagged your question onto.

Your wife is now on a 5 year route to settlement (ILR) and must apply for a further 2.5 year FLR(M) extension from within the UK before her current visa expires.

As the sponsor you will also have to show that you continue to meet the minimum income level of £18,600 p.a and your wife will have to pass the A1 level English test on the Home Office approved list of test providers. In addition to the visa fee (currently £933) she will also have to pay the £500 NHS surcharge.


Edit: However, I now see that you are both living in India. My understanding is that you will have to start again if you aren't settled in the UK

Morning,

Base on your response, what are the restrictions on spousal visa? How long can the spouse stay abroad for while still on spousal visa?

I'm talking of a situation here where the sponsor still lives in UK.

[Casa]

4.6. Absences from UK during probationary period
There is no specific requirement in the Rules that the entire probationary period
must be spent in the United Kingdom. For example, where an applicant has
spent a limited period outside of the United Kingdom in connection with his
employment, this should not count against him. However, if he has spent the
majority of the period overseas, there may be reason to doubt that all the
requirements of the Rules have been met. Each case must be judged on its
merits, taking into account reasons for travel, length of absences and whether
the applicant and sponsor travelled and lived together during the time spent
outside the United Kingdom. These factors will need to be considered against
the requirements of the Rules.

[simond]

Hi Casa, thanks for your response. Though, from the text in 4.6 which you posted, I would think that it does not matter that we are now outside of the UK. The reason for us relocating to India is my work, so I would think that we could apply for the FLR(M) extension, as long as we come back to the UK to do so and demonstrate the reason for currently living in India. Or am I missing something here?

[Casa]

4.6. These factors will need to be considered against
the requirements of the Rules.

Note the above in the final sentence. I believe this may be at the Case Worker's discretion.

FLR(M) requires 6 pieces of evidence in joint names to prove co-habitation during the 2.5 year period (or 6 each in single names). You will also have to submit the 6 months of payslips together with the corresponding bank statements to show you continue to meet the minimum income level of £18,600 p.a.

Cross-checks may also be made with HMRC as to whether the correct tax has been paid on income.

Also, evidence of adequate accommodation in the UK. Have you maintained a home here?

There will also be the issue of your intention to reside in the UK if you and your wife don't intend to return from India until June 2019.

FLR(M) also requires a work contract and a letter from your employer confirming the terms of your employment and that this is ongoing. Are you employed in India or by an employer based in the UK?

Wait for others to give their opinion.

[simond]

Thanks Casa, I would indeed be interested to hear views of others too. In the meantime, to answer your questions:

4.6. These factors will need to be considered against
the requirements of the Rules.

Also, evidence of adequate accommodation in the UK. Have you maintained a home here?

We have not maintained a home as such, though have used my parent's address for correspondence in the UK and also tax returns for my wife. That would always be an option where we can live, with our daughter (British citizen - I did not mention previous, though not sure how relevant it is).

4.6. These factors will need to be considered against
the requirements of the Rules.

FLR(M) also requires a work contract and a letter from your employer confirming the terms of your employment and that this is ongoing. Are you employed in India or by an employer based in the UK?

I am seconded to the Indian entity of a UK company. My Indian contract has a 2019 end date and secondment agreement demonstrates I will have a job on my return to the UK with salary above the threshold for income.