UK Spousal Visa - Cross border work in ROI

[carlia1011]

Hi,

My wife and I currently live in England. She is a Malaysian National and I am from Northern Ireland. We met around 4 years ago while she was studying in Belfast. She is currently working for one of the 'Big 4' accountancy firms in Birmingham on a Tier 2 working visa. I am working in London. We got married in April 2019.

We are considering switching from her Tier 2 visa to a spousal visa. The main reason is that her job is very stressful and she has a few years of very tough exams ahead. These large accountancy firms have a tendency to fire the staff if they do not pass the exams. If she fails her exams and gets made redundant, her Tier 2 visa will be revoked and she will have around 60 days to vacate the UK. Rather than have that extra pressure on the exams (and to have some job flexibility) we are considering switching to the spousal visa.

My company in London also have offices in Dublin and have offered me a relocation to that office. Our ideal plan would be to switch to the spousal visa and live in Belfast. I would commute to the Dublin office twice a week(+3 days remote working) while she would get a transfer to the Belfast office for her Big 4 company(or if she does not pass her exams, find another job in Belfast).

As i would be a cross-border worker, I was wondering if my job in Dublin would qualify for the income requirements when renewing the spousal visa after 2.5 years? As I have been working in London for the past 2 years, I have a salary in the UK that meets the income requirements for the initial application however when we go to re-new in 2.5 years time it is likely that I would be working in Dublin + living in Belfast.

Any help is appreciated.
Thanks in advance

[seagul]

You might not able to fulfill the cohabitation requirement on extension and also won't be a resident in UK which may be contradictory to the condition of your partner's spouse visa

[carlia1011]

Thanks for the reply

We have been living together for over 2 years currently and even if we relocate to Belfast at some point, we will always have proof that we were living together. I dont suppose it matters if your address changes from England to Northern Ireland as both are still in the UK?

"and also won't be a resident in UK which may be contradictory to the condition of your partner's spouse visa"
I'm not sure I understand. I am a resident in the UK and have been since birth. If i am working in Dublin but living in Northern Ireland, I would still be a UK resident?

[seagul]

Thanks for the reply

We have been living together for over 2 years currently and even if we relocate to Belfast at some point, we will always have proof that we were living together. I dont suppose it matters if your address changes from England to Northern Ireland as both are still in the UK?

"and also won't be a resident in UK which may be contradictory to the condition of your partner's spouse visa"
I'm not sure I understand. I am a resident in the UK and have been since birth. If i am working in Dublin but living in Northern Ireland, I would still be a UK resident?

Yes northern Ireland is also the part of UK and same spouse visa requirements will be. But you will have to convince to caseworker that how can you live in northern Ireland while working in dublin. If you can convince on that point then maybe fine. What is meant by residence in UK is that spouse visa is a kind of settlmenent where its holder is expected to stay & settled in UK with his family despite with absences.

[carlia1011]

Ah, I understand Hopefully that is something I can convince them of. I wouldn't have any overnight stays in Dublin as it would be a day commute to and from the office twice a week. I tried calling the advice line which is a call centre based in Newcastle or thereabouts(going by the accent). I didn't get the impression that this was the best route to seek advice as the employee just told me to submit an application and 'see what happens'. I'd quite like to avoid one of the many 'law' firms who are offering assistance with your application(no doubt for a chunky fee). Is there anywhere/anybody you can recommend for some advice prior to the application? Also, Is there anywhere I can find accurate information on the fees involved?

[CR001]

Where will your salary be paid??

[seagul]

Ah, I understand Hopefully that is something I can convince them of. I wouldn't have any overnight stays in Dublin as it would be a day commute to and from the office twice a week. I tried calling the advice line which is a call centre based in Newcastle or thereabouts(going by the accent). I didn't get the impression that this was the best route to seek advice as the employee just told me to submit an application and 'see what happens'. I'd quite like to avoid one of the many 'law' firms who are offering assistance with your application(no doubt for a chunky fee). Is there anywhere/anybody you can recommend for some advice prior to the application? Also, Is there anywhere I can find accurate information on the fees involved?

For initial application you can simply use your partner's tier 2 income and proof of cohabitation wont be needed. But why not your partner find another job and use again only her income without complicating through your income at extension stage. Also as you said to commute to Dublin for 1/2 times a week while mostly remaining in UK then I think there shouldn't be any issue.

[carlia1011]

Where will your salary be paid??

Initially into an Irish bank account then converted from € and moved into my main £ accounts. Will have payslips etc.

Okay - thanks for the reply. Yes would make life easier if we can simply use her income as proof rather than having to deviate to mine

Anyone know of the fees involved?

[CR001]

Anyone know of the fees involved?

£1033 visa fee PLUS £1000 Immigration Health Surcharge PLUS whatever service you choose at UKCVAS.

She must meet the English requirement as well.