working abroad on a spouse BRP

[dradrian]

I need advice clearly

I have a thai wife and she has the 1st issue spouse visa for 2 years 9 months. she entered UK July 2017 so visa expires april 2020. we meet the finances, she has income, bank accounts, bills in both names and we are never apart so our passports will show we always travel together but we travel extensively. Thailand, europe - we have good life together.

As of xmas, i am working through my limited company in India and commuting between thailand and india for convenience. my wife is with me of course but stays in thailand when i visit india as she has been but gets bored in hotel all day while i work!!

theres the problem… 180 days max out of country for extension! there must be exceptions if its work related (britain open for business) and yet we continue to pay our taxes in the UK? We are both directors of my company but she cannot do the tech that I do. if we are out of the country but still physically together for work and maintaining our life together in UK with house etc does this rule still apply.

If it does I will have to return to the UK in June, quit the Indian contract, lose money and tax revenue for the government and sit in the UK doing nothing with my wife for 6 months!!!

also, whats a year? calendar year or other???

appreciate your initial feedback and hopefully continuing support

[CR001]

There is NO absence limit for spouse settlement visa holders.

However you need to be resident in the UK to qualify for visa extension and ILR and have the documentary evidence to prove it.

[secret.simon]

Also keep in mind that the absence requirements for British citizenship are different, much tougher and there is no or reduced discretion to disregard absences for them. There is for instance no discretion to disregard the requirement that the applicant be physically present in the UK 3 years before the date of the (naturalisation) application. Plan for the long term.

[dradrian]

Thanks you.
My wife isn't interested in ILR or citizenship but we do want to be able to travel in/out the UK with work commitments.

We are both directors of my Limited company and I currently have an India based contract and my wife clearly want to be with me

I guess (?) provided we continue to pay UK tax even if we are non resident for >180 days she should get her spouse BRP renewed subject to meeting all the requirements etc?

I don't want to apply and get a refusal for something so basic as being outside an arbitrary rule as it could affect subsequent visa applications from outside the UK (., UK visitor, New spouse visa etc)

Regards and appreciated

Adrian

[dradrian]

My wife currently holds a spouse BRP which needs renewal this time next year.

Having spent 2 years in the UK together, we are both directors of my Limited company and I currently have an India based contract and my wife clearly want to be with me .

My wife isn't interested in ILR or citizenship but we do want to be able to travel in/out the UK with work commitments.

I guess (?) provided we continue to pay UK tax even if we are non resident for >180 days she should get her spouse BRP renewed subject to meeting all the other requirements etc?

I don't want to apply and get a refusal for something so basic as being outside an arbitrary rule as it could affect subsequent visa applications from outside the UK (., UK visitor, New spouse visa etc)

Regards and appreciated

Adrian

[Casa]

Your wife's right to remain in the UK and to extend her current visa, is dependant on you living in the UK, with documented proof of joint address during the qualifying period.

[CR001]

Topics merged.

[dradrian]

thanks casa. we have documented evidence of living together, travelling together, always together and paying UK taxes, but if we are absent from the UK for >180 days is the concern?

[CR001]

There is NO absence limit for spouse settlement visa holders.