I’m spouse visa

[Lind]

Hey,
I am Israeli and married to a British citizen guy.
We were in a long distance relationship for 3 years and then he moved to israel to live with me for another year.
I wanted to know if the fact he lives outside of the UK in the last year can make any problems with my spouse visa? Or should he live in the UK for a period of time before we apply?
He works for an English company in the UK and get paid in the UK, just work remotely.
We met all the requirements.
Thank you for your time!

[geoeng]

No problem that he has lived outside of the UK for a while. There is no requirement that the British citizen be resident in the UK for a spouse visa application. You may have to be careful how you document his employment however as the financial requirements need the British sponsor to already be residing in the UK or have a confirmed job offer starting within 3 months of their return. The situation of working for a UK company from a foreign location is rather unique and not clearly presented in the guidance.

[seagul]

as the financial requirements need the British sponsor to already be residing in the UK or have a confirmed job offer starting within 3 months of their return.

That mainly applies where a none-EU/British national partner is applying his initial entry clearance from outside the UK. Once the spouse visa is issued then the applicant is expected to live & settle in UK with his/her family.

[geoeng]

Yes, sorry, should have clarified that a bit better. I had assumed their intent was moving to the UK from Israel together (i.e. at the same time) without specifying that.

[Lind]

Hey,
Yeah, that’s what we are planning! To move together from israel to the UK.
So I’m sorry but I got confused..I didn’t understand..
We met all the requirements. My husband (the sponser) going to continue to work in his current job in the UK.
So what we need to focus on when we apply?

[seagul]

Hey,
Yeah, that’s what we are planning! To move together from israel to the UK.
So I’m sorry but I got confused..I didn’t understand..
We met all the requirements. My husband (the sponser) going to continue to work in his current job in the UK.
So what we need to focus on when we apply?

Then maybe you dont have sufficient proof of cohabitation covering the last 2 years which are required for extension.

[Lind]

But we are married, that’s why we don’t have to met the 2 years of living together.

[seagul]

But we are married, that’s why we don’t have to met the 2 years of living together.

On extension the proof of cohabitation is mandatory. There are several threads about it.

[Jaune08]

On extension the proof of cohabitation is mandatory. There are several threads about it.

I think OP is going to apply for the spouse visa for the 1st time, therefore proof of cohabitation isn't mandatory in their case. But let's see...

But we are married, that’s why we don’t have to met the 2 years of living together.

Is this the first time you will apply for the spouse visa or are you applying for an extension on your previous spouse visa?

[seagul]

On extension the proof of cohabitation is mandatory. There are several threads about it.

I think OP is going to apply for the spouse visa for the 1st time, therefore proof of cohabitation isn't mandatory in their case. But let's see...

I wanted to know if the fact he lives outside of the UK in the last year can make any problems with my spouse visa?

Unless the OP's rephrase above/clarify further the above only giving sense that OP is already holding spouse visa. But if not then cohabitation evidences wont be needed.

[Lind]

On extension the proof of cohabitation is mandatory. There are several threads about it.

I think OP is going to apply for the spouse visa for the 1st time, therefore proof of cohabitation isn't mandatory in their case. But let's see...

But we are married, that’s why we don’t have to met the 2 years of living together.

Is this the first time you will apply for the spouse visa or are you applying for an extension on your previous spouse visa?

Yeah, it’s our first time, not an extension.
Thank you!

[Lind]

Hey, anybody can explain me how the UK spouse visa going from outside of UK?
I know there is that form from the gov site but how we are sending all our support documents? Do we post the original to the uk? Or maybe post it somewhere in my country ?
I also heard something about online uploads? But then it’s just the copies and not the original..
Thanks!

[seagul]

Hey, anybody can explain me how the UK spouse visa going from outside of UK?
I know there is that form from the gov site but how we are sending all our support documents? Do we post the original to the uk? Or maybe post it somewhere in my country ?
I also heard something about online uploads? But then it’s just the copies and not the original..
Thanks!

https://pos.tlscontact.com/tlv_en/how-to-apply

[Lind]

Hey,
I understood that the requirements of 18,600£ is before tax.. but what about the expenses? The home office calculate/check it? ? If so, how much money should be left after expenses?
My husband earn around 60,000 per year but we had recently lots of expenses because we got married (among other things flat rent, bills ,food etc).
Someone can explain me this please?
We are applying for spouse visa for the firs time.

Thanks a lot!!

[Casa]

Hey,
I understood that the requirements of 18,600£ is before tax.. but what about the expenses? The home office calculate/check it? ? If so, how much money should be left after expenses?
My husband earn around 60,000 per year but we had recently lots of expenses because we got married (among other things flat rent, bills ,food etc).
Someone can explain me this please?
We are applying for spouse visa for the firs time.

Thanks a lot!!

Expenses are irrelevant to meeting the minimum income level.

[Lind]

No problem that he has lived outside of the UK for a while. There is no requirement that the British citizen be resident in the UK for a spouse visa application. You may have to be careful how you document his employment however as the financial requirements need the British sponsor to already be residing in the UK or have a confirmed job offer starting within 3 months of their return. The situation of working for a UK company from a foreign location is rather unique and not clearly presented in the guidance.

Hey, you wrote to be careful with how we document his employment.. can you explain me that please?
And I don’t know if because our situation is unique can make them refuse our application.. because we met all the requirements.. there is something to do before we apply to make it less unique?
Thanks

[Lind]

And another question:
Because we live now in Israel (my husband visa expires in 3 weeks then he will back to uk) there is an option the Uk home Office can refuse our application of the reason we have/had another place to live in?

[seagul]

home Office can refuse our application of the reason we have/had another place to live in?

No but spouse visa holder is expected to live & settle along with his/her British/Uk settled family/sponsor in UK.

[geoeng]

Hey, you wrote to be careful with how we document his employment.. can you explain me that please?
And I don’t know if because our situation is unique can make them refuse our application.. because we met all the requirements.. there is something to do before we apply to make it less unique?
Thanks

As long as you meet the requirements you shouldn't have any issues. It's unique in the sense that your husband already works for a UK company and is paid in the UK but resides in Israel. If you haven't already, it is worth having a read of the guidance document linked below regarding the financial requirement. You will note that the categories are split into either a British sponsor residing in the UK with employment meeting the financial requirement or an overseas British sponsor returning with the applicant. Where the overseas British sponsor is returning to the UK with the applicant, they must have a confirmed job offer starting within 3 months. I wrote you might have to be careful in how you document the employment because as your husband is already employed within the UK but works overseas, you may have had to get them to write up a new job offer in order to meet the requirement. If he is returning to the UK before you and will already be resident in the UK at the time you apply and will have held employment in the UK for greater than 6 months, I suspect you won't have this issue. I'm happy to hear others' comments on this as it is a bit of a unique situation that isn't clear in the guidance.

https://assets.publishing.service.gov.u ... -ext_1.pdf

[iwolga]

Does your husband pay UK taxes as UK resident? Remote work opens a lot of not-so-straightforward questions re personal taxation.

Make sure he does pay his taxes to HMRC in full before applying

[seagul]

If someone is working for a UK employer but outside the UK and now returning back to UK with same employer then perhaps the mandatory requirement of having job offer going to start in 3 months might not even be needed due to be already employed.

[Lind]

Hey, you wrote to be careful with how we document his employment.. can you explain me that please?
And I don’t know if because our situation is unique can make them refuse our application.. because we met all the requirements.. there is something to do before we apply to make it less unique?
Thanks

As long as you meet the requirements you shouldn't have any issues. It's unique in the sense that your husband already works for a UK company and is paid in the UK but resides in Israel. If you haven't already, it is worth having a read of the guidance document linked below regarding the financial requirement. You will note that the categories are split into either a British sponsor residing in the UK with employment meeting the financial requirement or an overseas British sponsor returning with the applicant. Where the overseas British sponsor is returning to the UK with the applicant, they must have a confirmed job offer starting within 3 months. I wrote you might have to be careful in how you document the employment because as your husband is already employed within the UK but works overseas, you may have had to get them to write up a new job offer in order to meet the requirement. If he is returning to the UK before you and will already be resident in the UK at the time you apply and will have held employment in the UK for greater than 6 months, I suspect you won't have this issue. I'm happy to hear others' comments on this as it is a bit of a unique situation that isn't clear in the guidance.

https://assets.publishing.service.gov.u ... -ext_1.pdf

First of all thank you!
I read the guidance and that isn’t going to be a bit weird when we will add to our application a “confirmed job offer” when we have to add in addition to that 6 months of pay slips for the time he worked from israel? It’s going to be for the same employee..

[geoeng]

First of all thank you!
I read the guidance and that isn’t going to be a bit weird when we will add to our application a “confirmed job offer” when we have to add in addition to that 6 months of pay slips for the time he worked from israel? It’s going to be for the same employee..

It would definitely be a bit weird, but it would only be to satisfy the wording of the guidance/rules. As seagul mentioned, they may not even require it to be presented that way since he was employed in the UK the entire time and is resident in the UK as soon as he returns. The guidance just makes it seem like it may be a requirement due to location of residence instead of location of employment, unfortunately it doesn't provide any direction on how remote working is considered.

[Lind]

First of all thank you!
I read the guidance and that isn’t going to be a bit weird when we will add to our application a “confirmed job offer” when we have to add in addition to that 6 months of pay slips for the time he worked from israel? It’s going to be for the same employee..

It would definitely be a bit weird, but it would only be to satisfy the wording of the guidance/rules. As seagul mentioned, they may not even require it to be presented that way since he was employed in the UK the entire time and is resident in the UK as soon as he returns. The guidance just makes it seem like it may be a requirement due to location of residence instead of location of employment, unfortunately it doesn't provide any direction on how remote working is considered.

Do you think it would be good if the employer will confirm in his letter that he allied my husband to work remotely for a year and after that he expected to back to the uk?

[geoeng]

Do you think it would be good if the employer will confirm in his letter that he allied my husband to work remotely for a year and after that he expected to back to the uk?

Might be worth including just so the situation is clear, but I wouldn't worry too much about this situation as it likely wouldn't be viewed much differently than someone transferring to a UK-based position with the same employer, which is also acceptable to meet the requirement.

"5.5.12. Where the applicant’s partner is working overseas and transfers with the same employer
to a job in the UK, that employment may be used to meet both the overseas employment
income and the confirmed job offer in the UK required under Category A or Category B. "