OurManInSing

Folks, would appreciate some advice / experience on the following situation.

I work remotely for a Non UK / Non EEC company. I do not have a fixed office location although the work is 100% APAC based. We are looking to use the flexibility to move back to the UK at east part time (Summers in UK / Winters in Asia), but obviously would like to start the process of settlement for the wife (Indonesian) rather than just tourist visas as we obviously don't know our long term situation, plus will probably be spending longer periods in teh UK as our daughter comes of school age.

So, thats the circumstances, now the question, The process for applying for UK settlement states that you have to have lived in the UK for the 5 year period, however i cannot find any more details on this. Is there a minimum number of days per year that my wife would need to be in the UK, or is it that we just need to hold a legal address in the UK? All important stuff as this could also impact what i need to declare to HMRC so need to get it right.

Many thanks in advance for any information you guys provide.

Cheers.

SanDiegogirl

Settlement visas are issued to people who are intending to settle in the UK on a permanent basis.

If you intend to only live in the UK for 6 months per year then you certainly won't qualify for indefinite leave to remain at the end of the 5 year visa period.

I think you cannot have spent more than 6 months in a 2 year period just prior to ILR.

BritInParis

You will need to be spending the majority of your time in the UK in order for your wife to qualify for settlement. You could do a 7/5 month split for the first four years providing your wife spent no more than 90 days outside the UK in the final twelve months before she applies for ILR. You would be liable to pay UK income tax on your worldwide income. If you can’t commit to this then stick to tourist visas until you can.

Pulaski

Yes, it's 90 days in a block, but 180 days per year.

From the .gov.uk web site PDF guidance document "No more than 180 days’ absences are allowed in a consecutive 12-month period. "

In other words 180 days absence in every year of the initial five year visa period, however absences from the UK beyond 90 days will delay your eligibility to apply for indefinite leave to remain.

BritInParis

Only for work visas. Spouse visas are not proscribed in the same way until you wish to apply for ILR.

OurManInSing

Thanks for all the replies guys, so seems like either the ILR may be postponed a little bit given circumstances but we can keep applying for spouse social visas for 2 / 3 year periods as my dependant for now until such time as our circumstances start to meet the time line criteria, and in the meantime we can still stay for a few months at a time in the UK anyway.

Funny old world where they want you to stay in one place, i dont think i have had a job in the last 10 years that would have enable me to stay for 180 days in one year in the same country anyway !!!

HMRC and overseas income is for another website and will inevitably be much more painful !!! lol

SanDiegogirl

..... shady companies and tax avoidance would do this to you