Does Spouse Remaining Employed Abroad Affect Visa?
Discussion
I think the answer is "no", but figured someone may be able to provide a gotcha which I'm unaware of, should one exist.
Situation: British citizen married to a Canadian (got married in the UK), currently living in the UK and Canada respectively.
Canadian has the option to take a year off work to come and live in the UK, basically "test run" living here permanently, see how they get on before properly uprooting everything to move. Obviously the alternative would be the Brit to move to Canada.
If they apply for a family/spousal visa, which there shouldn't be any barrier to in terms of the British spouse having sufficient income to act as sponsor, being able to show it's a long term relationship etc, does it matter that they're still employed in Canada (and have somewhere to live there etc)?
As far as I can see, there's nothing that even touches on it being an issue, and it'd give them a good way to reduce the risk of it being the wrong decision if they still have a job to go back to, as then they'd be the ones needing to support their British spouse applying to move to Canada.
Am I missing something that makes it a problem?
Situation: British citizen married to a Canadian (got married in the UK), currently living in the UK and Canada respectively.
Canadian has the option to take a year off work to come and live in the UK, basically "test run" living here permanently, see how they get on before properly uprooting everything to move. Obviously the alternative would be the Brit to move to Canada.
If they apply for a family/spousal visa, which there shouldn't be any barrier to in terms of the British spouse having sufficient income to act as sponsor, being able to show it's a long term relationship etc, does it matter that they're still employed in Canada (and have somewhere to live there etc)?
As far as I can see, there's nothing that even touches on it being an issue, and it'd give them a good way to reduce the risk of it being the wrong decision if they still have a job to go back to, as then they'd be the ones needing to support their British spouse applying to move to Canada.
Am I missing something that makes it a problem?
I don't know the exact rules - I should because I have a spouse and dependent child on visas which are to be extended soon - but there are some requirements to show intent to actually settle in the UK and we were told (my solicitors) to ensure my stepdaughter doesn't spend too much time in any one year in her home country, or it can get hard further down the road when you are (hopefully!) applying for her to reside here permanently.
I expect you therefore want to take a 5-6 year view on settling in the UK to get her a passport and then you could always switch around or move elsewhere without worrying about it.
I would seek qualified advice in your situation. I can recommend the firm I used, Latitude Law in Manchester.
I expect you therefore want to take a 5-6 year view on settling in the UK to get her a passport and then you could always switch around or move elsewhere without worrying about it.
I would seek qualified advice in your situation. I can recommend the firm I used, Latitude Law in Manchester.
Jeremy-75qq8 said:
So they got married, never lived together ( to the extent of different countries ) and now want a trial run ?
Relationships come is all shapes and sizes but this seems a pretty wild outlier.
Well, they've made it work up until now, it's more they're now looking to move away from running two households and moving between them.Relationships come is all shapes and sizes but this seems a pretty wild outlier.
theboss said:
I don't know the exact rules - I should because I have a spouse and dependent child on visas which are to be extended soon - but there are some requirements to show intent to actually settle in the UK and we were told (my solicitors) to ensure my stepdaughter doesn't spend too much time in any one year in her home country, or it can get hard further down the road when you are (hopefully!) applying for her to reside here permanently.
I expect you therefore want to take a 5-6 year view on settling in the UK to get her a passport and then you could always switch around or move elsewhere without worrying about it.
I would seek qualified advice in your situation. I can recommend the firm I used, Latitude Law in Manchester.
Thanks, my understanding was that that side of things was the next stage after having been able to stay in the UK for, 30 months is it? under the family visa, but it's that kind of "we think you're not really planning to stay here because you're still employed abroad" impediment which is the concern, but doesn't seem to be stated as being a factor anywhere... but nor is it clarified as not being a thing.I expect you therefore want to take a 5-6 year view on settling in the UK to get her a passport and then you could always switch around or move elsewhere without worrying about it.
I would seek qualified advice in your situation. I can recommend the firm I used, Latitude Law in Manchester.
Thanks for the recommendation, though, I'll pass that along to them.
Edited by InitialDave on Saturday 28th August 10:02
How long were they 'together' before getting married. You will need to prove you are in a serious relationship. Being legally married does not qualify. They will need hard evidence, photos spanning a period (years) holidays, outings, bank records, utility bills being some of the evidence and most likely be subjected to interview.
InitialDave said:
I think the answer is "no", but figured someone may be able to provide a gotcha which I'm unaware of, should one exist.
Situation: British citizen married to a Canadian (got married in the UK), currently living in the UK and Canada respectively.
Canadian has the option to take a year off work to come and live in the UK, basically "test run" living here permanently, see how they get on before properly uprooting everything to move. Obviously the alternative would be the Brit to move to Canada.
If they apply for a family/spousal visa, which there shouldn't be any barrier to in terms of the British spouse having sufficient income to act as sponsor, being able to show it's a long term relationship etc, does it matter that they're still employed in Canada (and have somewhere to live there etc)?
As far as I can see, there's nothing that even touches on it being an issue, and it'd give them a good way to reduce the risk of it being the wrong decision if they still have a job to go back to, as then they'd be the ones needing to support their British spouse applying to move to Canada.
Am I missing something that makes it a problem?
No problem at all. I think she'll need to apply for a family visa (which is £1500) and I "think" she might have to pay a medical surcharge. However her being employed in Canada has zero impact on the visa application.Situation: British citizen married to a Canadian (got married in the UK), currently living in the UK and Canada respectively.
Canadian has the option to take a year off work to come and live in the UK, basically "test run" living here permanently, see how they get on before properly uprooting everything to move. Obviously the alternative would be the Brit to move to Canada.
If they apply for a family/spousal visa, which there shouldn't be any barrier to in terms of the British spouse having sufficient income to act as sponsor, being able to show it's a long term relationship etc, does it matter that they're still employed in Canada (and have somewhere to live there etc)?
As far as I can see, there's nothing that even touches on it being an issue, and it'd give them a good way to reduce the risk of it being the wrong decision if they still have a job to go back to, as then they'd be the ones needing to support their British spouse applying to move to Canada.
Am I missing something that makes it a problem?
Burwood said:
How long were they 'together' before getting married. You will need to prove you are in a serious relationship. Being legally married does not qualify. They will need hard evidence, photos spanning a period (years) holidays, outings, bank records, utility bills being some of the evidence and most likely be subjected to interview.
It's not hugely difficult. A marriage certificate, pics of the wedding, and evidence of being able to support your wife (money and accommodation) is usually sufficient.When I applied for the visa for my foreign wife last year to allow her to live in the UK, I had to show proof that I had:
Job in the UK earning a certain amount of money, or
Significant UK Savings
Proof of somewhere to live
Pay an NHS Surcharge (it was about £1200 from memory)
Proof of relationship (photos, previous travel together, wedding certificate etc etc)
She also has to spend minimum 9 months physically in the UK each year.
If you have to follow the same procedure then I can’t see how your wife could come and live in the UK on a spouse visa if you remain outside of the UK.
She could come as a tourist but wouldn’t have the right to work or to use the NHS.
Hope that helps
Job in the UK earning a certain amount of money, or
Significant UK Savings
Proof of somewhere to live
Pay an NHS Surcharge (it was about £1200 from memory)
Proof of relationship (photos, previous travel together, wedding certificate etc etc)
She also has to spend minimum 9 months physically in the UK each year.
If you have to follow the same procedure then I can’t see how your wife could come and live in the UK on a spouse visa if you remain outside of the UK.
She could come as a tourist but wouldn’t have the right to work or to use the NHS.
Hope that helps
Thanks all, yes, the proof of relationship stuff etc is something they already have in hand, I wasn't aware of the NHS surcharge business, but it's entirely possible they are, will mention it nonetheless.
Particularly appreciate the input from those who've been through the process themselves, if it's not something that's come up, that should help reassure them.
Particularly appreciate the input from those who've been through the process themselves, if it's not something that's come up, that should help reassure them.
Vanden Crash said:
theboss said:
I don't know the exact rules
Then why answer 
king minefield in technical legal terms. Have you been through it yourself?My advice was to say "without reciting the full details, yes there are considerations you need to make yourself aware of, when spending time in/out of the UK when under immigration restrictions" but, as is usually the case, there's a great big fat ambiguous "it depends" clause depending upon exactly what the OP and his spouse are intending to do. There are 90 and 180 day 'rules' if I recall correctly but they apply in different situations.
Also there are a multitude of other considerations. I expect if the OP goes to a proper immigration lawyer and explains the situation they will explain why it might not be a good idea to apply for a visa whilst stating that the immigrant spouse is maintaining a job and a home in her home country. It's an 'all or nothing' requirement which necessitates proving beyond any doubt the intention to settle in the UK. Give the immigration officer any reason to doubt this intention and you won't get the approval.
I've been through it and its a nightmare. I am at the end of the initial 33 month period soon and will therefore be throwing thousands of pounds at extensions in the next month or so. I will be sure to ask my solicitor to clarify these important details so I can return and add some value to the thread, for you.
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