Tier 1 General Migrant - Change of circumstances

[Dira.perez]

I'm venezuelan and I hold a tier 1 (General) Migrant permit. Since June 2010 I moved to Germany and now i hold as well a residence permit for germany because my husband is german. During the summer 2011 I was working with my ex-boss in a project in London and I was commuting every week between the uk and Germany for 3 months. I never had any problem. Since December I started again another project here in the uk, same circumstances, I'm traveling every week back and forward.
Last Monday the immigration officer told me that I can't use my tier 1 because my circumstances change. She said that I need a business visitor visa, because my tier 1 was approved for me to live and work in the Uk.
My point is, with a tier 1 visa could I live between both countries? There is something in the law that Prevent me from doing it?
She said that she will allow me in Because I didn't know it was illegal and I did have a return ticket in 4 days. The problem is that I'm suppose to come back on Monday and I'm not really sure what to do. Does anyone have any similar experience?

[mulderpf]

Refer to 321A(1). The fact is that you are not living in the UK, so you are not "living between two countries". You are going to have to apply for a business visitor visa as your tier 1 is meant for working and living in the UK.

[miko77]

Husband of original poster speaking:

I don't quite agree with the fact that my wife and I are not living in the UK. However, one can say we are currently in a transition period.

We both used to live in the UK for four more than four years. We were not married at the time. From that time my wife still has the Tier 1 work permit. Then I moved to Germany (I am German), and my wife moved to me at one point. We married in Germany. However, we never made a final decision that we want to stay in Germany, and currently plan to return to the UK. My wife's current job in the UK is a good preperation for that, but currently she's living in hotels when in the UK. (But she's in the UK Mon-Fri and in Germany only Sat-Sun.)

As her Tier 1 visa runs out soon, we plan to get her an EEA family permit soon, so that we both can return to the UK. (And that's the right thing to do I believe, because at that point she is a rightful resident of Germany, but not of the UK, because the Tier 1 visa is not valid anymore.) So she's even planning to live in the UK properly soon, albeit with a different permit.

I believe that's all within the law. (Is it?) But it's getting difficult to explain this to Immigration officers...

Any hints or tips?