SpouseVisa-Working abroad/rules
Dec 10th 2018, 5:25 pm
#1
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Joined: Dec 2018
Posts: 3
SpouseVisa-Working abroad/rules
There are some very knowledgable people on here so I am hoping there will be someone who can clarify.
My wife was approved with her spousal visa last week. We are both very excited. She is a South African national. Her vignette dates are 24/12 - 23/01. Her boss in SA wants her to stay on for three more months until her replacement can start. She would therefore come to the UK in January, collect the BRP, stay for a week and then leave until the end of March to finish working and attend a family wedding. Our immigration lawyer said to keep pay checks, letter from employer about working notice and wedding invite as evidence of reason to be out of UK for the 9 weeks.
I know that a person on this type of visa can be out of the country 180 days a year but are there any other issues or potential problems that could arise in a situation like this - even after the 2,5 years, when she wants to extend the visa or coming to the UK for a short time to collect BRP?
My wife was approved with her spousal visa last week. We are both very excited. She is a South African national. Her vignette dates are 24/12 - 23/01. Her boss in SA wants her to stay on for three more months until her replacement can start. She would therefore come to the UK in January, collect the BRP, stay for a week and then leave until the end of March to finish working and attend a family wedding. Our immigration lawyer said to keep pay checks, letter from employer about working notice and wedding invite as evidence of reason to be out of UK for the 9 weeks.
I know that a person on this type of visa can be out of the country 180 days a year but are there any other issues or potential problems that could arise in a situation like this - even after the 2,5 years, when she wants to extend the visa or coming to the UK for a short time to collect BRP?
Dec 10th 2018, 5:39 pm
#2
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Joined: May 2010
Location: San Diego, California
Posts: 9,662
Re: SpouseVisa-Working abroad/rules
No issues with entering the UK to collect BRP and leaving again to finish up things.
Dec 10th 2018, 8:16 pm
#3
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: SpouseVisa-Working abroad/rules
Nine weeks isn’t going to cause a problem. Just keep a note of the dates your wife is absent.
Apr 9th 2019, 8:57 am
#4
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Joined: Dec 2018
Posts: 3
Re: SpouseVisa 180 days rule
Hello again
Can I get some further advice on the 180 days rule please. I have looked at the 180 days absent from the UK rule and I would like some clarification on what this means. If my spouse is out of the UK for more than 180 days of a calendar year, is the current visa forfeited? Is this 180 day rule only applicable later on when wanting to apply for IDLR?
I was hoping to have bought a new property in the 3 months she was home working but it is still ongoing. The visa was issued using my parents address and they are happy to have us but its not ideal and I would really like to have a place to live so we have the best start. It also geographically is needed for her to look for work.
So, on the 2.5 year visa, does the 180 day rule invalidate the visa is she stays out longer?
Can there be ant special circumstances such as those I mentioned above?
Does the 180 day countdown begin from Jan 1 in our case as the vignette month carried over from Dec 2018?
Thank you in advance of course for your help and please know that your advice is invaluable.
Can I get some further advice on the 180 days rule please. I have looked at the 180 days absent from the UK rule and I would like some clarification on what this means. If my spouse is out of the UK for more than 180 days of a calendar year, is the current visa forfeited? Is this 180 day rule only applicable later on when wanting to apply for IDLR?
I was hoping to have bought a new property in the 3 months she was home working but it is still ongoing. The visa was issued using my parents address and they are happy to have us but its not ideal and I would really like to have a place to live so we have the best start. It also geographically is needed for her to look for work.
So, on the 2.5 year visa, does the 180 day rule invalidate the visa is she stays out longer?
Can there be ant special circumstances such as those I mentioned above?
Does the 180 day countdown begin from Jan 1 in our case as the vignette month carried over from Dec 2018?
Thank you in advance of course for your help and please know that your advice is invaluable.
Apr 9th 2019, 10:45 pm
#5
Joined: Feb 2012
Location: Not in Paris
Posts: 18,194
Re: SpouseVisa-Working abroad/rules
There’s no hard and fast rule regarding absences when you’re a spouse visa holder but if you’re spending more than half the year outside the UK then you may not meet the requirement to genuinely live permanently in the UK when it comes to renewing her visa. If your parents are happy to have you both then stay with them. Otherwise I would rent a property for you both until you can buy.
