If HSMP holder goes out of UK, what happens to spouse?

[NationOne]

Dear moderators,

I got my HSMP extension last year and now I have Limited leave to remain(Residence Permit) for another 3 years. My spouse also got Residence permit stamped on the passport along with mine.
Now she is trying to be deputed to UK from her present company in home country for 1 year from .

Though i have residence permit for 3 years ,if i go out of UK for about 1 year, what will happen to my wife's right to remain in UK and continue to work in UK ?. Her employer in home country wants to be safe legally about the spouse's rights in UK. i dont plan to go out of UK , but i need to find the relavent link in home office site to prove that my wife can remain in UK for another year legally independant of my plans.

Appreciate any help in this regard. I need this information urgently ....

Thanks in Advance
NationOne

[NationOne]

It would really help me if any of you can point to the immigration law that states the following.

In one of the earlier posts, Kayalami had mentioned the following

http://www.immigrationboards.com/viewto ... +otherwise

"
your wife is allowed to work in the UK without needing a work permit and can do so during the validity of her HSMP dependent visa irrespective of your presence or otherwise in the UK.

"
Kayalami, Could you please reply.

Thanks
NationOne

[kumi]

I believe all our moderators are on annual vacation.., bad time to ask them questions buddy., try other channels.. All the Best.

[Smit]

NationOne,

This is what the HSMP Guidance notes provide re: status of Dependants:

"Your spouse or long term unmarried partner (see definition in paragraph below) and dependant children under the age of 18 may apply to accompany you or to join you in the UK. They must also seek entry clearance for this purpose before they travel to the United Kingdom. If entry clearance is approved your spouse or unmarried partner and dependant children will be granted leave to enter on the same conditions of stay as you. They will be able to work if they wish. However, any such employment must not be necessary to support you or any other dependants. Please note that any dependants continued stay in the United Kingdom is conditional on their remaining in the United Kingdom as your dependants."

The last sentence is very important in your case. The fact that your spouse remains in the UK whilst you are seconded abroad is in my opinion not in line with Dependant status and your wife should apply for HSMP/work permit in her own right. Any breach of this provision could jeopardise you and your wife's immigration status in the UK.

[NationOne]

Thanks so much for the reply.

If my spouse's company files for WorkPermit for her , cancelling the Residence permit she holds currently, what would be the long term implication.?

Will she be able to apply again for a Residence permit after one year, when she decides to stop working with that company ?. I would definitely continue to stay in UK.

She needs to take this decision today. Please help.

[Smit]

NationOne,

If your spouse's employer is successful in obtaining a work permit for her, she will obtain a new Residence Permit anyway covering the duration of her WP.

There is nothing stopping you from making another application in the future for a Dependant RP for her as long as you are still in a valid marriage and meet the other requirements.

[olisun]

the only thing is in such cases it takes more than 3 months for the case worker to come to a decision..

I am talking out of my personal experience

[NationOne]

Hi Olison,

Do you mean that switch from spouse's work permit back to LTR (Residence permit) will take 3 months. ?
Can that be done in country ?.
Or will she have to go out of UK to home country for the switch to LTR ?

Thanks guys for making up the gap during moderator's vacation.

NationOne