osakamackem

Hi everyone,

I'm so pleased to have found this forum, and what looks like a great community of people who are able to share their experiences, views and knowledge of what is such an important - and often incredibly stressful! - process in their family life. Among all of the hate and anger to be found online, this forum really seems to show the online world at its best, I think. And I hope I will be able to contribute positively to this community.

Anyway, I am a male British citizen, and have recently married a female Japanese national. I have full-time employment in the UK, but am currently working Japan for four months, returning home in mid-January 2018. My wife is just finishing off a PhD in a Japanese university, and we hope she can come to the UK with me, or soon after, on a spouse visa (we're cutting it fine, time-wise, I know)!

My query is this:
I know that the spouse visa will only last 2.5 years, after which time my wife will have to reapply for a further 2.5 years, and then again for permanent leave to remain. We spoke to an immigration lawyer in the UK a few months back, who advised that reapplying is no formality, and if my wife (and/or I, for that matter) have spent substantial time outside of the UK in the preceding 2.5 years, the reapplication might not be successful.

My parents-in-law are getting old, and we anticipate that my wife may have to visit Japan regularly in the coming years in order to look after them intermittently. So:

1. Will returning to Japan 2-3 times per year have a negative impact on her reapplication in 2.5 years from now?

2. What might the consequences be? (i.e. being outright refused a further spouse visa, and being forced to leave the UK?)

3. Is there any way to get around this? (Or am I naive to hope that it's okay for a foreign national to both be part of a new family in the UK, and continue to be part of her family back home?)

Sorry this is a long post, thanks to those who've read this far!

Any thoughts or information would be very much gratefully received.

Adam (osakamackem)

BritInParis

1. For a couple of weeks at a time, no, but your wife shouldn't spend no more than six months in any given twelve month period outside the UK and no more than 90 days in the final year before ILR/naturalisation.

2. She won't be refused purely on that basis but the time she previously spent in the UK may not be counted towards ILR/naturalisation and so you will need to keep reapplying for spouse visas every 2.5 years until she does.

3. Not really. If your wife is spending the majority of her time in Japan then it is not surprising that the Home Office doesn't consider her to be a genuine resident of the UK.

osakamackem

Many thanks for the very helpful and clear response, BritInParis. That's really helpful.

Just to clarify, she doesn't intend to spend the majority of her time outside of the UK. But we were just wondering what was acceptable, given good reason (i.e. the ill health of elderly parents). We were worried that a very small amount back time back in Japan would be held against her. But your response and approximation of time permitted is really useful.

Thanks again - much appreciated!

Tr1boy

I doubt what you're describing would cause you any grief. When we moved over from Oz, my wife to Sth Korea to see her sick Dad two or three times in the first year. One visit was six weeks long and the others between 2-4 wks. It was not an issue in gaining her ILR a year later, plus we had a fair few holidays of our own on top of that.

osakamackem

Thanks Tr1boy. Can't help but fear/expect worst case scenario when considering the scare stories you read in the news about how others have been treated, but reassuring stories like yours provide a good balance.

Much appreciated!

Tr1boy

We came under 'old rules' and I see the changes and extra hoops folks have to jump through now but I don't think much has changed in regards to your topic.

Good luck

BritInParis

Most of those sob stories relate to those who have taken the p*ss and been outraged when they discover that the rules don't just apply to other people. Spending a few weeks or even a couple of months a year abroad in the manner you describe is perfectly normal and acceptable.

spouse of scouse

Pithy but spot on :

Tr1boy

It's that special snow