andysa1966

Hi,

I'm a British expat planning on returning to live in the UK with my Indonesian wife and daughter, we are currently living in Hong Kong, my wife speaks good English, I have the support of my employer and i can meet the minimum salary requirements, however i will still continue to work in the Asia pacific region for several weeks at a time, returning to UK at least once per month for 5~9 days (~90 days per year).

Will my travel and work arrangements affect my wife's spouse visa application?

Thanks in advance

alexleeson

Quick answer is yes it will affect their application. It is actually a no brainer if you think about it.

The rules are very clear - you have to show your previous six months of salary with your current employer AND you must show a job offer for a job BASED IN UK. In both cases your salary needs to be above £22k.

You can't apply for a visa if you are not living permanently in the UK or plan to live in the UK permanently.

Still working overseas and dropping in for around 3 months of the year is NOT living in the UK. Don't even waste the money on the application.

There is one way though. If you have more than £62,500 in savings and you have a place to live in the UK - then you would meet the financial requirement without having to provide job details.

Here is a link to a useful document: https://www.gov.uk/government/upload...ugust_2015.pdf

SanDiegogirl

The following clause is in Appendix 1.7 of the financial requirements:

5.5.11. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment, this may include work undertaken overseas, subject to the couple meeting the requirement in paragraph E-LTRP.1.10 of Appendix FM that they intend to live together permanently in the UK and subject to the other requirements of Appendix FM-SE being met.

Personally, I read this to mean that income earned overseas (and continuing to be earned overseas) could be taken into consideration for the financial requirements. It does not have to be a UK based job.

However, it does specify that the couple must be living in the UK together as their permanent home and all other requirements must be met of Appendix FM-SE - whether or not this includes showing taxes etc being paid in the UK I don't know.

The OP is NOT intending to live in the UK on a permanent basis. The whole basis of a issuing a spouse visa is that the immigrant is living in the UK with their British partner. So I agree with alexleeson that this option is probably not open to him.

If he was moving to the UK and living there for 90% + of the time, I think his continuing employment, even from overseas, could qualify him.

Pulaski

There's some nuances in this case that are probably fundamental.

Is the OP living in one place in the Far East, such that he could be reasonably said to "live" there and only visiting the UK, or is he travelling around between several locations in the Far East staying in hotels, such that his only "home" would be in the UK?

Also, will the OP be paid and based in the UK, on the UK payroll and paying UK taxes?

There isn't an easy or obvious answer to all scenarios, but I can see that quite small variables are likely to substantially affect the outcome of a visa application.

andysa1966

Hi

Thank you for your replies.

The company I work for is in the UK, in my home town where i want to return to live, i am on secondment to Asia based in Hong Kong supporting our sister companies as i work for an international corporation.

My salary and contract is paid from and in the UK, when i return i will pay UK taxes. I am required to travel out of the UK in my supporting role, i have 31 years service with the company.

I will returning to my previous permanent residence as all other accommodation outside the UK will be in hotels, where as now in Hong Kong i have subsidized apartment.

Are there any guidelines regarding sponsors minimum time to be spent in the UK to qualify as resident?

andysa1966

Hi

Thank you for your reply,

I will travel to different locations, Czech, India, China and Philippines. I am on UK payroll and intend to pay UK taxes.

Pulaski

Great, so if you're on the UK payroll and a "travelling salesman" outside the UK, I think you have your answer.

andysa1966

I'm an engineer for quality and product introduction, I guess you mean i can qualify as UK residing in the UK, are you able to point me in the direction of any guidelines

Pulaski

I don't see much doubt you will qualify to sponsor your wife (if you are British "other than by descent" your son is already British and doesn't need to be sponsored), and in fact if you are based in the UK and on the UK payroll, I am not even sure that the question of where you work would come up.

I think the "financial guidelines" that SanDiegoGirl quoted (but didn't link to ) are what you need to study.

SanDiegogirl

For financial requirements and guidelines there is Appendix 1.7

https://www.gov.uk/government/upload...ugust_2015.pdf

and

Appendix FM-SE

https://www.gov.uk/guidance/immigrat...ified-evidence

I agree that with the OP paying taxes etc in the UK then his application looks more likely to succeed.

Still somewhat concerned about living in the UK for less than 90 days as per his first post, as that would not be regarded as living permanently with your spouse in the UK.

spouse of scouse

A bit of a different situation, but a poster on this thread (Blue72) obtained a spouse visa although her husband worked away. He worked 28 on/28 off, and wasn't employed by a British company.

http://britishexpats.com/forum/citiz...-792478/page2/

alexleeson

I think if your salary is paid from the UK and you can prove your base is UK, then you have a shot. I would even say, just don't tell them about where you actually work.

I can't remember the forms and whether you have to state every time you have left the UK. Also, it depends if they are going to check your passport and your exit/entrances into UK.

scot47

I do not think it is a good idea to conceal material facts from the Home Office.

Pulaski

Does the form even ask? If it does, complete it honestly, if it doesn't, there is no requirement to volunteer additional information, and indeed unlikely to be any way to record and process such additional information.

andysa1966

I consulted with a UK immigration solicitor, he advised all i require is a letter from my employer confirming i have full time permanent job and salary that meets the requirement and family home, the aspects and time spent traveling abroad in my employment have nothing to do with the application. Ill keep you posted on the progress over the next few months.