BritInParis

I'm saying that unless the OP's husband is either already in the UK or will be moving back to the UK with the OP and will remain there with her then she won't be eligible for a partner visa regardless of how the financial requirements are fulfilled.

SanDiegogirl

I did not state that a British citizen intending to re-settle in the UK could not use the savings route.

The poster's husband has no intent on settling in the UK in the foreseeable future -indeed that is the cause of her problems. She cannot obtain a visa for settlement in the UK, because her husband (the British citizen) is not settling in the UK with her. If he was returning with her she would not be writing to this forum asking for advice.

She appears to know what financial requirements are necessary to obtain a spouse visa - what she wants to know is if she can do so without her husband returning with her.

You say yourself "while perhaps the husband does need to "settle" in the U.K., at least officially, he may be able to continue working for a period of time in the UAE with a U.K. home base"- I don't see anything wrong with this solution, husband working from home in the UK.

However that was not what the poster was proposing.

formula

You will need to find a Tier 4 sponsor and a course you want. They will issue you with a certificate of sponsorship, for you to provide with your Tier 4 application.
All the information is here
https://www.gov.uk/tier-4-general-visa/overview

A masters is only normally for 1 year, but the visa may be for slightly longer than that. The sponsor will be able to give you that information.

You would need to show progression for another Tier 4 visa (student visa) which would normally mean that you couldn't take another masters. Perhaps then onto a PhD?

An undergraduate course is for 3 years, but if you already have a degree, you might need to talk to the sponsor as they are the ones that will know what is acceptable to UKVI.

Under present rules for a Tier 4 visa holder, when your husband returns to the UK, you can switch (inside the UK) to a spouse visa.

formula

This is another one of the requirments of a spouse visa.
you intend to continue living with your family member or partner in the UK after you apply

What you suggest doesn't meet the requirements.

And isn't one of the requirments for the following 2.5 years spouse visa, to prove that you have been living together during the previous 33 months?

JAJ

Of course.

But he's allowed to travel, business trips, etc, from his U.K. home? And/or work for a foreign employer, on a fly-in, fly-out basis?

He would have to manage the tax issues (ie, likely file for U.K. income tax on UAE earnings) and even self-report for employers National Insurance, but is there any specific reason why something like this can't be done?

Noted that it would be advisable to develop this kind of strategy with an immigration solicitor as it's not an everyday scenario.

All that said, having one parent away from home for long periods is usually not a good thing. It seems he can sponsor his family into the U.K. using the savings route without having to move first, but why can't he then find alternative employment in the United Kingdom?

formula

Doesn't that defeat the object of working in the UAE?

SanDiegogirl

The poster has said her husband would remain in the UAE; hence her questions as to how she could qualify for a spouse visa.

As an option, they could, as a family, use the savings route to move to the UK. They could, once the visa is obtained, all move together.

The husband could then, if his company is agreeable to it, either work remotely for his current company from the UK, or if that is not feasible, find other employment.

However, that is not what the poster says they have considered at the moment.

formula

I should have made this clearer. I meant to say, when your husband returns to UK for good and if you meet the spouse visa requirments, under the present rules you can swtich in the UK from a valid Tier 4 visa to a Spouse visa (without the need to go home to apply for a spouse visa).

What I said in my previous post about being careful with the sponser you use, still holds. The proper UK universities may cost more for the course, but the chances of these getting their sponsonship licence revoked and your visa cancelled, is slim to none.

By using one the UK universities, you will be allowed to work 20 hours a week during term time.

Mumdubai

Thank you once again for all the replies. My husband intends to resettle back in UK and has been applying for job there since February. Infact, when we went there last July, he met a headhunter but because of his age (55) and he works for an industry that is not common in UK, finding a job is difficult. Yes, we can use our savings to go back to UK but we would feel very vulnerable in that position.
After reading all the feedback from this forum, we had a discussion and he thinks that after his contract ends in July 2015, he can change it to consultancy and he doesn't need to live in UAE ( We will look at the option JAJ suggested and get advice from solicitors.).
Our only issue now is the offer of sports school for our older child. The offer is to start in January 2015 ( he is in KS3/ pre GCSE and spaces don't come often). The school is not boarding, grannies passed away and husband's siblings live far. Would it be a problem if I use my family visit visa for short period of time to accompany my son in UK before we apply for my spouse visa in June? Would it affect my application for my spouse visa later? This is my plan: Go to UK in December 2014
exit in March 2015 (school holiday)
Go back in April after 2 weeks
Exit again June ( summer holiday)
Apply for spouse visa, hopefully the whole family can go back together before September.

I'm worried about the 6 months in a 12 months period thing because I went to UK this summer for 4 weeks. I always have multiple visit visa for the last 20 years and I have never ever exceeded the duration of my stay.

I'm thinking that this is the better option so far because my son can start school in January, my husband can finish his contract in UAE and I have the long summer holiday to apply and wait for the result of my spouse visa application. This would be also be the decision stage if we really want to resettle back to UK in September and leave the Middle East. My child has the potential and dream to swim for his country but does he have the committment? Once in UK, he has to start serious training- swimming 8-9 times a week plus dry side. He might change his mind later but as a parent, I need to let him try.