Leaving the UK permanently on Spousal visa

[bsharrison12]

Hi All,

Thank you in advance for your much needed help.

I am currently living in the UK with my American wife. We have been here together just a little over 8 months and are now just about settled.

The problem arises where I have been offered a job back in the USA (to which I can get a Green card) to begin my career as a pilot. The venture will most probably mean we will be in the USA for about 5 years but I don't doubt that we'd like to return to the UK once I have enough experience.

My question then is what will happen to her visa? She has a Temporary leave to remain visa for 2.5 years as per the new process. Obvious I'd like her to retain this visa and ultimately get permanent residency/citizenship in the UK so that we can have the flexibility to return at any time. Is this possible? Has this happened to anyone before? Does anyone have any advice?

Looking forward to your replies.

Many thanks,

Ben

[Amber]

It may be possible as you can have limited absence for good reason, employment abroad seems good reason. Though, if you were out the UK for the whole 5 year period that would unlikely amount to limited. Moreover, for naturalisation there is a absence limit.

[bsharrison12]

Hi Amber,

Thank you for your reply.

It wouldn't necessarily have to be the whole 5 years. More like 1 or 2 just for me to get enough flight hours to be able to find work in europe.

Where do you think I could go to get definitive advice on this?

[Amber]

Hi Amber,

Thank you for your reply.

It wouldn't necessarily have to be the whole 5 years. More like 1 or 2 just for me to get enough flight hours to be able to find work in europe.

Where do you think I could go to get definitive advice on this?

1 or 2 should be ok, you won't get a definitive answer as there isn't one.

[bsharrison12]

That's the scary thing!

Would you suggest that I seek legal advice first because I would not want to be stranded in America as I would not meet all requirements for the spouse visa such as having a job in the UK to support my wife.

Is there a way that we could just act as though we're remaining in the UK as we will still have a house and I will still be receiving a salary into my uk bank account. We will return probably 2-4 times a year but the UK will not be where we spend the majority of our time.

[Amber]

That's the scary thing!

Would you suggest that I seek legal advice first because I would not want to be stranded in America as I would not meet all requirements for the spouse visa such as having a job in the UK to support my wife.

Is there a way that we could just act as though we're remaining in the UK as we will still have a house and I will still be receiving a salary into my uk bank account. We will return probably 2-4 times a year but the UK will not be where we spend the majority of our time.

The Home Office are not stupid, it will be recorded on the system that you left the UK. If you try and deceive them you could end up in a worse state. You would have to declare all absences, as I said coming and going for 2 years should be ok. You'll have to meet the financial requirement again anyway when you come to renew the visa in 2.5 years time.

[bsharrison12]

Hi Amber,

Yes you're correct. Deceiving the authorities would not be the best way forward.

If we are granted a further visa in 2.5 years would that mean she could still qualify for ILR in a total of 5 years or will she require no periods of absence to achieve that?

[Amber]

Hi Amber,

Yes you're correct. Deceiving the authorities would not be the best way forward.

If we are granted a further visa in 2.5 years would that mean she could still qualify for ILR in a total of 5 years or will she require no periods of absence to achieve that?

As explained above, for settlement, you can have limited periods of absence for good reason. 2/5 years may be classed as limited especially if it was broken up.

[bsharrison12]

Do you have any previous experience on how they view the term 'limited' upon re-application?

I think we would most like leave for 1-2 years but plan to be back in the UK and settled 6 months before her visa is due for renewal. We will have solid evidence that we were away due to my career.

[Amber]

Do you have any previous experience on how they view the term 'limited' upon re-application?

I think we would most like leave for 1-2 years but plan to be back in the UK and settled 6 months before her visa is due for renewal. We will have solid evidence that we were away due to my career.

Nobody will have experience under the new spouse visa system as no one will have applied to settle yet. Under Part 8 where settlement took 2 years, numerous people have had absences of 6-12 months (mainly maternity) and were successful.