can non uk resident renew their wife’s spouse visa to ILR

[rodung]

Hi, I have ILR and my wife and son are my dependents. They have already renewed her spouse and child visa (5 year route). In the next renewal 2027 dec, they are supposed to get ILR.

I am now working outside UK and my wife does not work. I want to buy house and the lender is askin* for P60 or tax exemption from HMRC UK. As i spent less than 20 days this tax year in UK, I can file for UK tax exemption as non resident.

But, will this affect while renewing their ILR? Also how about getting exemption for time being, and again becoming UK resident.

I hope to get guidance / information or relevant documents to check for this.

Thank you

[secret.simon]

Do you meet the financial requirements to sponsor your wife's renewal?

The reason your wife gets a residency visa is for them to reside with you. If you are not resident in the UK, their application will be subject to additional scrutiny. You may also have to provide more documentation about an ongoing "genuine and subsisting relationship".

Also keep in mind that your ILR will automatically lapse if you are absent from the UK for more than two continuous years.

[secret.simon]

Digging further into the Immigration Rules, I think you will need to show that you are "present and settled in the UK". Merely having ILR and being outside the UK may not be sufficient.

Relationship requirements

E-ECP.2.1. The applicant’s partner must be-
...
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b);
...
(separate requirement)
E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

[rodung]

Do you meet the financial requirements to sponsor your wife's renewal?

The reason your wife gets a residency visa is for them to reside with you. If you are not resident in the UK, their application will be subject to additional scrutiny. You may also have to provide more documentation about an ongoing "genuine and subsisting relationship".

Also keep in mind that your ILR will automatically lapse if you are absent from the UK for more than two continuous years.

yes i meet financial requirements. I do visit uk at least 6 times a year but for few days only. And she also visits me where I am working for few days.

the purpose for declaring non resident is to get tax exemption from HMRC as lender requested for house mortgage.

can i just declare non resident now ? and when my mortgage is approved, can i again declare uk resident with HMRC?

Will this affect in 2027 dec while renewing their spouse visa second time for getting ILR?

[rodung]

Digging further into the Immigration Rules, I think you will need to show that you are "present and settled in the UK". Merely having ILR and being outside the UK may not be sufficient.

Relationship requirements

E-ECP.2.1. The applicant’s partner must be-
...
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b);
...
(separate requirement)
E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

There is no doubt in relationships. I want to buy a house in UK in joint name with my wife.

The purpose for declaring non resident is to get tax exemption from HMRC as lender requested for house mortgage. The lender asked either P60 (as working abroad they don’t give P60) or tax exemption from HMRC being non UK resident.

can i just declare non resident now ? and when my mortgage is approved, can i again declare uk resident with HMRC?

Will this affect in 2027 dec while renewing their spouse visa second time for getting ILR?

[almostbritguy]

@rodung What did you decide? I am in the similar situation!