British citizen living abroad? Non-EEA spouse? This may affect you!
May 8th 2013, 2:14 pm
#1216
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
So if you apply saying: "I want to live in the Uk with the kids but my husband will only join us every few months and will work abroad" you will probably fail. If you apply saying "we want to relocate to the UK as a family and have enough savings to meet the financial requirements" you will probably be OK. The morals, ethics and legalities will surely be debated at length by others on here. Bear in mind that postings made here can also be read by ECOs.
May 9th 2013, 5:16 am
#1217
BE Enthusiast
Joined: Sep 2010
Posts: 361
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:
(i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and......
........(ii) the parties to the marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) the applicant does not fall for refusal under the general grounds for refusal.
(i) (a)(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and......
........(ii) the parties to the marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
(vii) the applicant does not fall for refusal under the general grounds for refusal.
Refusal of leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
283. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is met.
283. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is met.
May 9th 2013, 11:14 am
#1218
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
It's a global world. People work in different ways. Why can't someone be resident in the UK and still work outside of it? How would it be wrong for a British citizen to work outside of the UK as long as he was resident there when he was off?
May 9th 2013, 11:58 am
#1219
BE Enthusiast
Joined: Sep 2010
Posts: 361
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Of course one can be resident in the UK and still work outside of it. I was and did myself for 3 years before we made the move home but I was not applying to sponsor my husband during that time.
I'd be interested to see if anyone has come across any guidance on UKBA stipulating the length of time that the sponsor could be out of the country without the spouse and still maintain the conditions of the visa.
Is it there in black and white or is it one of those areas open to the interpretation of the individual ECO?
May 9th 2013, 2:38 pm
#1220
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,140
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I think it's a crock. How on earth a government can choose what sort of job a sponsor is allowed to have is beyond me. Fly in/fly out work is a job, not a jolly out. Why should a sponsor quit a well paying job that they're qualified for, and pay income tax on, to scramble around for any old thing going - assuming there actually was something going.
I'm sure the govt. wouldn't refuse the sponsor's income tax as well as the spouse visa.
I'm sure the govt. wouldn't refuse the sponsor's income tax as well as the spouse visa.
May 9th 2013, 2:41 pm
#1221
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,140
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
You make a valid point rebeccajo, but as I posted above, the point of the spouse visa is that the couple intend to live together in the UK.
Of course one can be resident in the UK and still work outside of it. I was and did myself for 3 years before we made the move home but I was not applying to sponsor my husband during that time.
I'd be interested to see if anyone has come across any guidance on UKBA stipulating the length of time that the sponsor could be out of the country without the spouse and still maintain the conditions of the visa.
Is it there in black and white or is it one of those areas open to the interpretation of the individual ECO?
Of course one can be resident in the UK and still work outside of it. I was and did myself for 3 years before we made the move home but I was not applying to sponsor my husband during that time.
I'd be interested to see if anyone has come across any guidance on UKBA stipulating the length of time that the sponsor could be out of the country without the spouse and still maintain the conditions of the visa.
Is it there in black and white or is it one of those areas open to the interpretation of the individual ECO?
May 9th 2013, 5:47 pm
#1222
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
You make a valid point rebeccajo, but as I posted above, the point of the spouse visa is that the couple intend to live together in the UK.
Of course one can be resident in the UK and still work outside of it. I was and did myself for 3 years before we made the move home but I was not applying to sponsor my husband during that time.
I'd be interested to see if anyone has come across any guidance on UKBA stipulating the length of time that the sponsor could be out of the country without the spouse and still maintain the conditions of the visa.
Is it there in black and white or is it one of those areas open to the interpretation of the individual ECO?
Of course one can be resident in the UK and still work outside of it. I was and did myself for 3 years before we made the move home but I was not applying to sponsor my husband during that time.
I'd be interested to see if anyone has come across any guidance on UKBA stipulating the length of time that the sponsor could be out of the country without the spouse and still maintain the conditions of the visa.
Is it there in black and white or is it one of those areas open to the interpretation of the individual ECO?
As near as I can see, it doesn't need to be. As long as the UK spouse/sponsor is resident in the UK and they earn the stipulated amount......that's all the Home Office really cares about.
May 9th 2013, 6:07 pm
#1223
Lost in BE Cyberspace
Joined: Nov 2012
Location: bute
Posts: 9,740
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
The whole business has come about because a bunch of incompetents have drawn up rules that do not work. "Not fit for purpose". In order to limit arranged marriages commonly made by certain nationalities, piece-meal rules have evolved which simply foul up the lives of many Britiah citizens. Perfidious Albion !
May 9th 2013, 6:38 pm
#1224
Concierge
Joined: Jan 2013
Location: Western Australia
Posts: 21,140
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
The whole business has come about because a bunch of incompetents have drawn up rules that do not work. "Not fit for purpose". In order to limit arranged marriages commonly made by certain nationalities, piece-meal rules have evolved which simply foul up the lives of many Britiah citizens. Perfidious Albion !
May 9th 2013, 6:50 pm
#1225
BE Enthusiast
Joined: Sep 2010
Posts: 361
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I don't really think that this is the case. Are we not constantly being told that the goal is to reduce immigration from the 100,000's to 10,000's?
May 9th 2013, 6:54 pm
#1226
Forum Regular
Joined: Feb 2013
Location: Wesley Chapel, Florida
Posts: 111
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
I think the whole thing is a crock - at least, for people like us, who just happened to marry someone whose country isn't part of the EU. America and Australia aren't exactly 3rd world countries!!!!
I guess retirees and already getting SS outside of the UK, we aren't fit for any purpose (Scot 47) as far as they are concerned.
I think it's a crock. How on earth a government can choose what sort of job a sponsor is allowed to have is beyond me. Fly in/fly out work is a job, not a jolly out. Why should a sponsor quit a well paying job that they're qualified for, and pay income tax on, to scramble around for any old thing going - assuming there actually was something going.
I'm sure the govt. wouldn't refuse the sponsor's income tax as well as the spouse visa.
I'm sure the govt. wouldn't refuse the sponsor's income tax as well as the spouse visa.
May 9th 2013, 6:58 pm
#1227
Forum Regular
Joined: Feb 2013
Location: Wesley Chapel, Florida
Posts: 111
May 9th 2013, 7:22 pm
#1228
WhiteRabbit
Joined: Dec 2004
Location: USA
Posts: 1,480
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
But they can't make up reasons to turn someone down if the case fits the rules.
May 9th 2013, 7:25 pm
#1229
BE Enthusiast
Joined: Sep 2010
Posts: 361
Re: British citizen living abroad? Non-EEA spouse? This may affect you!
Retirees are actually in a slightly better position than many, as the pension, which can be either foreign or UK, of both the sponsor and the applicant can be taken into consideration when assessing the financial requirement.
