Research abroad an remarks on dependent's BRP

[Peted]

Hi,

I'm taking a research degree (PhD) and my leave expires in 2022. About a year from now I'll need to spend about 6 months abroad, collecting data for analysis, as part of my research and therefore as part of my studies in the UK though I will be outside of the UK during this period. The university said my time studying abroad will need to be reported to UKVI.

Will I have my visa curtailed then? Will I therefore have to apply for another visa to return and finish my studies? (Course ends in 2022).

Another question is regarding my married partner, who is on dependent visa also valid until 2022. Does he have to leave the UK with me for my enitire 6-month period abroad? Or can he remain in the UK though I (the student visa hoder to which his visa os attached) will not be in the country?

Thank you

[sah10406]

Will I have my visa curtailed then? Will I therefore have to apply for another visa to return and finish my studies? (Course ends in 2022).

This is a question for your Tier 4 sponsor. It is up to them whether they continue to sponsor you through your period of research abroad, or whether they withdraw sponsorship and prompt curtailment of your visa.

Another question is regarding my married partner, who is on dependent visa also valid until 2022. Does he have to leave the UK with me for my enitire 6-month period abroad? Or can he remain in the UK though I (the student visa hoder to which his visa os attached) will not be in the country?

The relevant immigration rule 319C(d) requires that

(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.

See https://www.gov.uk/guidance/immigration ... ly-members

It doesn't seem that your husband would meet this if he stays in the UK without you. Living separately for such a long time might also need explaining or quantifying in a future immigration application on the basis of being a genuine and subsisting married couple.

[Peted]

Thank you Sah, as always.

We'll see what to do from now until then. The university has confirmed they'll continue sponsoring me as the time abroad is part of my studies. The only issue is my dependant, who will be studying. He may have to interrupt his studies just to accompany me and avoid raising any doubts as to whether we've got a subsisting relationship when returning to the UK for the rest of my PhD and also in possible future applications.