2-year UK Spouse visa holder living in Gibraltar

[Carwyn2014]

Dear members

I am writing this article asking for immigration advice in Gibraltar. I have recently received a job offer in Gibraltar and we have decided to move there later this month. However, I have a doubt over my wife's current 2 year UK spouse visa which has about 12 month to run out. By UK immigration law (application made prior 9th July 2012) that a spouse visa holder needs to live in the UK with his/her British partner up to 2 years( 5 years if application made after 9th July 2012) in order to apply permanent residency. But due to the fact that we both are moving to Gibraltar, so does it mean that she is breaching her spouse visa condition as she will be living in British oversea territory - Gibraltar instead of mainland UK? My argument is that as myself a british citizen who is legally living with my wife at all time. Should I be concerned when comes to apply her permanent resident visa next year?

Thanks guys!

[EUsmileWEallsmile]

I am not fully up to speed on Gibraltar / UK immigration rules, but can suggest the following.

1. Leave the UK and your wife will cease to accrue time in the UK for the purposes of immigration.
2. Gibraltar may require your wife to apply for separate residency there.
3. Being a UK citizen, there is no freedom of movement aspect in play.