Lamplighter

Hi

I'm hoping for some advice on two visa matters, and haven't found the answers anywhere else, so I hope someone can help on here.

I'm a UK national, and I'm attending an interview next week for potential medium-long term employment in Abu Dhabi.

My wife is a Ukrainian national with UK residency (Fixed Leave to Remain as a spouse).

1) UAE visa. What visa classification is appropriate for my spouse travelling with me? Would she be able to work (she has modelled in the UK, and would be interested in working in fashion in the UAE)? Would she have to obtain this visa in Kyiv, or can this be achieved in London?

2) UK Residency. My wife's 2-year FLR expires in March 2011, when ordinarily we would reapply for this to be reissued as Indefinite Leave to Remain. However, I rather suspect that this will be problematic if she is not actually resident in the UK at the time, because her UK-citizen husband is temporarily resident in UAE! Does anybody have any similar experience who could advise us what to do here? I wonder if the UK Border Agency would consider a further 2-year FLR on the grounds that we intend to return to the UK, but are abroad because of non-existent employment options as an investment engineer at the moment?!
Alternatively, I'm wondering whether my potential employer could pay me in GBP in the UK (as a UK resident) until after March 2011...? What other options might there be?

Many thanks in advance for any opinions or advice on either of the above!

Thanks and BR
Lamp

lionheart

As a UK resident with a non-UK spouse myself, I would simply make sure that you are in the UK when her residency visa is due for renewal. Its probably worth hanging on to, although you can get 5yr UK visas over here but at a high cost. We don't yet have the permanent UK residency visa ourselves.

Meow

As far as I am aware FLR (Further Leave to Remain) is revoked if a person is out of the UK for a certain amount of time, so even if you renew it, she will have to reapply if you return to the UK.

If you have a residence visa in the UAE, you can sponsor your spouse. her visa will say 'not permitted to work' but you can easily get around this by providing her with a NOC (No Objection Certificate) if she finds employment.

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Lamplighter

Thanks both for your replies.

I have a prelim interview in UK early next week, then if all is successful a further interview in UAE very quickly afterwards.

I shall doubtless have an update / further questions following these.

lionheart - yes, the UK residency process for my wife is the issue which worries me more. Ordinarily, she would qualify for Indefinite Leave to Remain next March, which stops us having to worry about her right of entry to UK in future. Further, it is a necessary step to citizenship and a British passport, which makes travel a whole lot easier than with her Ukrainian passport!! I'm hoping that by keeping a bank account and correspondence address in the UK, and by being here in March 2011, we might just get through it...

Meow - I'll check on the UKBA internet site that she isn't jeopardising her existing FLR by moving abroad, but I'm not aware of this...

Thanks again, Lamp

vastmassive

I am not familiar with the UK details, however over here you will be able to get everything for her to come over.

Once you arrive and get a visa, you will be able to apply for a family visit visa at the DNRD (immigration) she will be approved as your wife and allowed to enter on a 30 day visit (60 in some cases) you will then be able to put her on your visa and she can stay as a resident. If she finds a job then yes you will need to provide an NOC which is quite simple, but in addition you will need to get approval and a labour card for her from the Labour department, this just ensures that she is covered by the labour rights in the UAE.

Lamplighter

Hi again

vastmassive - Thanks for the info on my wife's visa/residency/NOC - I'll follow this up.

A couple of related questions.
- my wife is fluent Russian and Ukrainian (mother tongues), coupled with her strong English and a bit of Polish. Are these languages in demand in the UAE, and specifically in Abu Dhabi? We've heard there is quite a lot of Russian money now in the UAE, but is there any sort of Russian community?
- also, my wife has done some fashion modelling (runway/editorial) in the UK and would like to continue this. How is the fashion scene in the UAE? We've seen that there are some agencies in Dubai, and there is Dubai Fashion week every April together with other major events.

And a non-related question!
- we've got two Siamese-type house cats in the UK. Would we be able to bring these to our pad in UAE, and later to take them back to UK? If yes, what is the procedure?

Many thanks!

typical

Meow can say more, but do remember there's (at the very least) a tension between being non-resident for tax purposes, and pursuing your wife's UK residency.

It might change the sums for you if you have to continue to pay UK tax, because you're maintaining links to the UK. IIRC, to go from FLR to ILR, your wife has to be in the UK for two years under her FLR, with you living together, and with plans to settle in the UK. That could be a problem if you've told the tax office you're becoming non-resident before the two years are up.

I'd advise you get advice from someone who knows both tax and immigration well, to make sure you don't trip over any hurdles.

Lamplighter

This is clear!! It might be sensible to pay UK tax on any income between now and March 2011, and remain a UK resident. I could then retrospectively submit a P85 after the ILR hearing, and request a rebate of UK tax on the grounds that I didn't originally expect the assignment abroad to last this long.

It needs some consideration, and as you say, advice!! I don't know how much the UKBA and HRMC share information??

As I understand, this bit is not strictly correct. For citizenship, yes it is time spent in the UK. The two-year qualifying period for ILR (settlement) however does permit periods of absence.

From UKBA website:
Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire two years of your permission to stay as a husband, wife, civil partner or unmarried/same-sex partner. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.


Also, I was advised in a phonecall to the UKBA that there are no hard-and-fast guidelines and it depends on the case-worker on the day. I feel that as an investment engineer in the middle of a recession, I can say with some strength that it was necessary to go overseas to find work, as there is not much investment in the UK at the moment!!

Thanks for your comments!!
Lamp

typical

You can be absent during the 2 years, but you still need to show intention to settle (including proof that you have a place of your own - a bedroom at the very least). Having a permanent job in Abu Dhabi wouldn't make that particularly easy! That said, it is (deliberately) vague.

Good luck!