Will me working overseas affect my wife's UK residency?

[marky67]

Dear Forum Members,

I am a UK citizen and my wife is on the five-year route to settlement. We have a about a year to go before she can apply for her ILR. I've just received a job offer for a contract working in the Middle East which will be for a year initially, but could be extended. It's quite a lucrative opportunity and the money should help us (finally) get on the property ladder.

Understandably I am very keen to accept this opportunity but I don't want to do anything which would invalidate my wife's visa, or stop her from obtaining ILR. I have read through all the guidance notes and clearly there are limitations on how long the applicant can be outside the UK, but I cannot find any restrictions placed on the partner of the applicant. We are married and would still be in an on-going relationship, so I don't see any reason why I couldn't go.

Any helpful feedback would be most appreciated!

Many thanks,
Mark.

[marky67]

P.S. I should've made it clear that my wife will still be residing in the UK while I am working overseas.

[CR001]

Her visa is based on you being present and settled in the UK. The same would apply for ILR where 2 years worth of evidence of cohabitation etc, payslips and bank statements is required.

If you are living in the Middle East, you aren't present and settled in the UK.

[marky67]

Her visa is based on you being present and settled in the UK. The same would apply for ILR where 2 years worth of evidence of cohabitation etc, payslips and bank statements is required.

Thank you for your quick reply. I hadn't really thought about the 2 years' worth of evidence, but then they are just bills and will drop through our letter box whether I'm here or overseas. The contract is with my UK employer so my payslip will be the same as if I lived here. However, I do understand that if I went and the HO found out, my wife wouldn't be eligible for her ILR.

[vinny]

Will your wife be going too?

See also the guidance relating to time spent outside the UK for spouses under Appendix FM.