Spousal visa issue

[onehundreddays]

Hi,

My wife came on a spousal visa about 2 years ago from outside the EU and in January she was awarded an academic fellowship which she is now undertaking. It is a 2 year fellowship.

However, a few weeks ago I found out that I have now been accepted for a similar fellowship, but one that will require me to work in Canada for 2 years before returning to the UK for the final year of the 3 year fellowship. I am a British Citizen.

I am suspecting that I will not be able to take up the fellowship as this would invalidate the spousal visa as there is stipulation that we live together as man and wife.

However, I am seeking advice on this as both of our fellowships are very prestigious and ultimately will result in a major move in our academic careers -> typically towards professorship if you play your cards right.

I absolutely do not want to give this opportunity up, and my wife is supportive of this, seeing as she is also in a very good position.

I can delay my move for 12 months meaning we can apply for the visa extension, and i would return before the 5 year period where we once more will be living together in time for the permanent leave to remain application.

I have tried contacting immigration services ("no comment") and the advisors they recommend ("lots of money please").

Does anyone know if I will definitely invalidate my wife's visa or is there a case for argument that we are pursuing opportunities that a) bring EU money to the UK economy, b) greatly improve our careers, and c) have absolutely every intention to remain husband and wife.

Surely, the logic is there, but I know they can easily point to the rule book and shake their head robotically. "VISA DENIED".

Thanks

[secret.simon]

As both your wife and you are on academic fellowships, would I be correct in concluding that both of you hold PhDs in relevant fields?

When (month and year) did your wife come to the UK and did she come on a spousal (family of a settled person) visa or did she switch to it after she was already in the UK on another visa?

[onehundreddays]

As both your wife and you are on academic fellowships, would I be correct in concluding that both of you hold PhDs in relevant fields?

When (month and year) did your wife come to the UK and did she come on a spousal (family of a settled person) visa or did she switch to it after she was already in the UK on another visa?

Thanks for the reply. Yes, we both hold PhDs. My wife originally came to the UK on a work visa for 3 months in 2013 and then returned to Russia. We married in 2014 and she applied for the Visa whilst in Russia and I was in UK. So she came on the spousal visa. She came in November 2014.

[iworker]

Maybe not the best route, but i will still try putting a suggestion in. will let gurus to decide if this is workable or not.
If she came in Nov 2014, that means she is up for renewal next year around March-April..
If you can delay your start till she extends her visa, which will be for 2.5 years again, u leave for canada soon after, do ur 2 years there and then back to do the final year here..
By the time she has to apply for ILR, u would have been back in the uk and working here again..
all this time she would have proof of address etc here.. and u can maintain some of yours too where she is living..
maybe best if u travel back to uk to meet her every now and then.

Not sure if it is easy for u to negotiate the start and end dates for your own timetable with the uni.

[onehundreddays]

Thanks a lot.

Yes, I have up to 12 months to take up the fellowship and I have a new contract starting in September here, so can negotiate to move probably in 6-12 months, taking me past the 2.5 year renewal date. My only concern is if they say "why did you leave her in the UK for 2 years" (even if I come back every couple of months). I'd like to know that my argument would hold up and not rejected out of hand.

[iworker]

if they ask u can tell what the truth was..
however, i cant see how they would know that u have been out of the country.

[onehundreddays]

Thanks.

What is the "give" on these things. When we first applied for her visa it was impossible to get answers to specific questions that were outside of the normal FAQs. I mean, you are then charged to phone a guy who is based in India who tells you "read the information on the website", and the information on the website is often quite complex legal documentation.

I guess they are trying to put off freeloaders who want an easy ride into the country, and setting a level playing field.

Anyway, after all the effort and money spent on the initial visa, it turned out to be a decision made in a few days and I doubt they even cared about half the stuff we provided. "its up to individual case workers" was one comment I saw.

So it seem like as long as we don't do anything that is obviously against the visa conditions, we can justify any action such as "enhancing career" together with proof that we still are married and intend to continue our life in the UK after the 5 year period.

[John Green]

I also have a similar general problem. The ECO guidance rules on the net allow for discretion in the application of some rules. Although this is sensible, it means that in specific cases you have to try to "second guess" how they perceive a problem or issue with an applicant's visa, and then you may try to meet what is not actually a problem for them. Through their complexity and problems of getting more or clearer information, they cause anxiety, sometimes needlessly.

In countries where the immigration entry rules are far simpler and shorter, this means that there are far fewer problems. You know where you stand and there are not many ways that the immigration rules can trip you up through, for example, your ignorance of them. Better still, there are usually many fewer restrictions to cause difficulties for applicants in the first place.