Non_Resident UK Citizen & Non-EEA Wife
Sep 6th 2015, 3:30 am
#1
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Non_Resident UK Citizen & Non-EEA Wife
I am British subject married to non-EEA wife, with children who have British passports. My wife and I wish to return to UK so our children can attend school. I would like to obtain a spousal visa and ultimately have her become resident etc.
We have no problems with the visa process, documents, housing or finances. But I have been living and working abroad since 2003 and am currently a non-resident for tax purposes. I will continue working abroad which would account for a minimum of six months per tax year; I will spend up to 3 months in the UK per tax year, for the remaining 3 months I would like to spend 2 months with my family abroad on holiday, and for the remaining 1 month I would simply remain outside the UK.
My questions are;
Can my wife receive a spousal visa & start the residence process if I remain non-resident?
Would she invalidate her claim by spending up to 2 months a year outside the UK?
We have no problems with the visa process, documents, housing or finances. But I have been living and working abroad since 2003 and am currently a non-resident for tax purposes. I will continue working abroad which would account for a minimum of six months per tax year; I will spend up to 3 months in the UK per tax year, for the remaining 3 months I would like to spend 2 months with my family abroad on holiday, and for the remaining 1 month I would simply remain outside the UK.
My questions are;
Can my wife receive a spousal visa & start the residence process if I remain non-resident?
Would she invalidate her claim by spending up to 2 months a year outside the UK?
Sep 6th 2015, 9:23 am
#2
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Non_Resident UK Citizen & Non-EEA Wife
You would need to be 'present and settled' in the UK in order for your wife to be granted a spouse visa. The exception to be this would be if you were serving overseas in Crown service.
SET3.4 What is ‘present and settled’?
‘Present and settled’ means that the sponsor is either:
- settled in the UK and, at the same time that an application under the Immigration Rules is made, is physically present in the UK; or,
- is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.
‘Settled’ is defined in paragraph 6 of HC395 and means “free from any restriction on the period for which he / she may remain in the UK, and ordinarily resident in the UK”.
‘Ordinarily resident’ means “having a regular habitual mode of life in a particular country, the continuity of which has persisted despite temporary absences”.
If the sponsor has temporarily travelled abroad to accompany the applicant in making the application, this will not prejudice the sponsor’s present and settled status. Such absence from the UK is not of itself a reason for refusal.
Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the UK to live is not ‘admitted for settlement’. However, if he / she expresses the intention of returning to the UK to reside, the ECO can regard him/her as present and settled in the UK.
‘Present and settled’ means that the sponsor is either:
- settled in the UK and, at the same time that an application under the Immigration Rules is made, is physically present in the UK; or,
- is coming to the UK with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.
‘Settled’ is defined in paragraph 6 of HC395 and means “free from any restriction on the period for which he / she may remain in the UK, and ordinarily resident in the UK”.
‘Ordinarily resident’ means “having a regular habitual mode of life in a particular country, the continuity of which has persisted despite temporary absences”.
If the sponsor has temporarily travelled abroad to accompany the applicant in making the application, this will not prejudice the sponsor’s present and settled status. Such absence from the UK is not of itself a reason for refusal.
Sponsors may be British citizens. Strictly speaking, a British citizen who has been resident abroad but who returns to the UK to live is not ‘admitted for settlement’. However, if he / she expresses the intention of returning to the UK to reside, the ECO can regard him/her as present and settled in the UK.
Sep 6th 2015, 12:56 pm
#3
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Re: Non_Resident UK Citizen & Non-EEA Wife
Thanks for the prompt reply. That's what I thought!!!
Regardless, if I "come with the applicant" & still work abroad but don't reside anywhere except UK, for less than 3 months, i.e. the other 9 months are either family holidays or working, I will still remain non-resident in fact whilst also settled. The issue being where is my permanent abode, in the UK but for only 3 months in a 12 month period.
What do you think?
Regardless, if I "come with the applicant" & still work abroad but don't reside anywhere except UK, for less than 3 months, i.e. the other 9 months are either family holidays or working, I will still remain non-resident in fact whilst also settled. The issue being where is my permanent abode, in the UK but for only 3 months in a 12 month period.
What do you think?
Sep 6th 2015, 4:16 pm
#4
Joined: Feb 2012
Location: Not in Paris
Posts: 18,192
Re: Non_Resident UK Citizen & Non-EEA Wife
Thanks for the prompt reply. That's what I thought!!!
Regardless, if I "come with the applicant" & still work abroad but don't reside anywhere except UK, for less than 3 months, i.e. the other 9 months are either family holidays or working, I will still remain non-resident in fact whilst also settled. The issue being where is my permanent abode, in the UK but for only 3 months in a 12 month period.
What do you think?
Regardless, if I "come with the applicant" & still work abroad but don't reside anywhere except UK, for less than 3 months, i.e. the other 9 months are either family holidays or working, I will still remain non-resident in fact whilst also settled. The issue being where is my permanent abode, in the UK but for only 3 months in a 12 month period.
What do you think?
If your primary motive is allow to your children to be schooled in the UK then you may wish to consider boarding school.
Sep 6th 2015, 5:03 pm
#5
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Re: Non_Resident UK Citizen & Non-EEA Wife
Again Thanks but my kids are not suited to boarding school and I see too lttle of them as it is.
Sep 7th 2015, 1:34 pm
#7
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Re: Non_Resident UK Citizen & Non-EEA Wife
born and bred in Yorkshire! I guess therefore it will be subject.
Sep 7th 2015, 8:44 pm
#8
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Re: Non_Resident UK Citizen & Non-EEA Wife
Skipton way? 
I *think* you are more likely to be a citizen; subject/citizen used to be used interchangeably, but British 'subject', in nationality law/immigration-speak now has a rather more specific definition.
/pedantry.
(I can see why the question was asked).
I *think* you are more likely to be a citizen; subject/citizen used to be used interchangeably, but British 'subject', in nationality law/immigration-speak now has a rather more specific definition.
/pedantry.
(I can see why the question was asked).
