Spouse Visa and travelling over sea to work

[jayman21]

My cousin requires urgent answers to the below situation. here we go:

''' I am self employed as an IT professional on a spouse visa as my wife is British.

There is likely to be the need for me to travel over seas to complete an IT project which I am responsible for on behalf of my business which is registered in the UK.

These over sea travels may require me to travel up to 6 times during over a 12 month period and on each travel I will spend about one month and a week over sea all for the purpose of work.

giving that I am on a spouse visa, will this affect me when i wish to apply for my permanent residency after the two year probational period?

second question:

should my wife decide to accompany me on one ot two of this travel will that be an issues when it's time for me to apply for my residency? '''''

Thank you and look forward to your responses.

[s.uk]

your are on spouse visa not your wife she is british she can go anywhere if u take your wife or u dnt take you cant stay more then 90 days in 12 months as simple as that and this will Definitely efffect your furture leave the rules are set by UKBA if want ILR change your job

[vinny]

Time spent outside the UK

[jayman21]

Thank you. So this means travelling out for purpose of work for that period will affect application for ILR.

[vinny]

Did you click on the given link and read the details?

[jayman21]

Time spent outside the UK
The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. 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.

Having read that, my understanding is that it will not affect the application for ILR on the basis that the applicant travelled for work purpose. If this is the case then what do you provide as prof or backing to cover that case or should my cousin just be prepared to apply via an immigration firm?[/quote]

[jayman21]

Hi All,

I have an update case on my cousin's proposed application for ILR which we will need your input and advise:

As mentioned earlier in the tread

1. My cousin is on the spouse Visa which expires in April 2014 hence will be due to apply for ILR (based on the old rule: for Partners who applied on or before 8 July 2012) .
2. His wife is British and they both have a child together who is british as well due to the mum's status.
3. For him between the period June 2011 and December 2012, he had to travel several times to manage a project over seas (as a self employed he travelled on behalf of his business which is established and registered in the UK)
4. Each travel meant staying overseas for a few days (some times a month ). In total since obtaining his Spouse Visa in april 2012 he has stayed 175 days overseas working on behalf of the UK business on a project.
5. Now the project is over and he is working fully in the UK.

Our question:

Given the above scenario and putting into consideration Time Spent outside the UK in relation to work (http://www.ukba.homeoffice.gov.uk/visas ... ettlement/)

1. Will there be an impact to his application for ILR?
2. Is it advisable for him to simply put in his application or channel his application via a solicitor?
3. He hopes to do a walk in application (in Person), when would be the best time to apply before the visa expiry date of 20 April 2014? a month in advance before the expiry date?
4. They currently have a child tax benefit for their little kid, will this affect his application due to the clause which states that both individuals must not rely on public funding.

Thank you in advance and I urgently look forward to your input
Jay