beninoxford

Hi everyone,

I have been searching here and other places online and cannot find a suitable answer.

I am British, my wife Cuban. She is here with me on a UK Spouse visa (1 and a half years remaining of 2.5). I have accepted a job in China but with 6 return flights per year to the UK. I will keep my house in the UK (which I own), returning every 2 months, and my wife is planning on staying here and working.

When it comes to re-apply for her Spouse visa for another 2.5 years, will my living outside of the UK make her application be declined? I presume yes it will, but is there any need to declare where I am living if we can prove our relationship is ongoing and genuine and my permanent base is in the UK?

I hope that makes sense and thanks in advance for reading and replying.

BritInParis

You need to be ordinarily resident in the UK with your wife in order for her to be eligible for a spouse visa. If you’re living and working in China for a Chinese employer then that will be a game stopper. How long is your contract for? Could you meet the financial requirements next time around with your wife’s salary alone?

beninoxford

Thanks for the quick reply. I feared as much. The contract is unlimited, but I was hoping to do at least a year or 2. How would her salary matter if I was abroad anyway? She would be under the £18,600.

The next scenario would be; if she came to China with me, would we have to start the visa process all over again from zero when we return to the UK? Or can we "bank" the time she has been here to count towards the next application if we declare our movements? It would be a shame to through away over a year of the 5 needed for a right to remain...

SanDiegogirl

At the time of FLR(M) income from both spouses can be used..... so your wife's income could be used alone. However if she does not earn 18,600 GBP that is a problem. Savings to add to it?

No, you can't bank time spent in the UK if you have to start all over again.

beninoxford

Thank you both for your help. So if she were to stay here with a salary of over £18,600 she could put herself through the next visa application alone? Which visa would she need?

Cheers

beninoxford

Thank you both for your help. So if she were to stay here with a salary of over £18,600 she could put herself through the next visa application alone? Which visa would she need?

​​​​​​​Cheers

SanDiegogirl

At then end of the 2.5 initial period your wife will need to apply for Further Leave to remain (FLR(M)). While at this point the applicant's OR the sponsor's income (or joint) can be used, if you look at the FLR(M) form there are a number of sections which ask about where you live, have you lived together for the initial 2.5 year period, how long have you lived apart, where is your sponsor's main residence, where does you sponsor work, etc etc. Sections 3, 6 and 7 are pretty relevant. Unless you intend to lie on this form, it is going to be clear that you are NOT living together on a day to day basis.

Personally, I do not think that your working in China for the next year or so fulfills the purpose and spirit of the spouse visa which is to allow couples to live together in the UK. It could be interpreted that you only married to enable your wife to enter the UK and work.

In situations such as this they may take into consideration that it is work which has created the separation, or they might refuse the FLR(M) and extend the initial visa or they might just refuse a new visa - period.

beninoxford

Wow! Thank you very much for your time and help.

SanDiegogirl

Take a look at the application form:

https://assets.publishing.service.go..._M__-07-18.pdf

BritInParis

I concur with SanDiegogirl’s excellent advice.