UK ILR application and working in the EU

[Trevor1809]

My wife's ILR is coming up next May. My contract job via a limited company is ending this month and one possibility is too remain with same client upgrading Schiphol airport based in the Netherlands. Do I assume that working within the EU will not impact my wife's ILR application. I don't know at this point in time whether I would be paid UK pounds into a UK bank account or Euros to a Dutch account. I do not wish to complicate the ILR application but I am assuming that the single market EU citizen stuff doesn't affect the application. There again who knows with the British Home Office.

I would not physically relocate but remain UK resident working M-F in the Netherlands.

[7by7]

18 hours ago, Trevor1809 said:

I am assuming that the single market EU citizen stuff doesn't affect the application

 It depends on whether you move to The Netherlands or not and whether or not your wife joins you there.

 

The "single market EU citizen stuff" is irrelevant as presently your wife comes under the UK's immigration rules, not the EEA regulations.

 

To qualify for ILR as your spouse she must be a UK resident living with you, have been so for the entire qualifying period since she first entered the UK with her settlement visa, have a valid UK leave to remain as your spouse and be physically present in the UK when she makes her application.

 

As you say

18 hours ago, Trevor1809 said:

I would not physically relocate but remain UK resident working M-F in the Netherlands.

 presumably she would not be joining you there but remaining in the UK and so would meet all of the above.

 

18 hours ago, Trevor1809 said:

I don't know at this point in time whether I would be paid UK pounds into a UK bank account or Euros to a Dutch account.

If possible, have them pay you into your UK account as being paid overseas may complicate things. Then again, it may not as you will remain a UK resident. Though if your wife works and earns enough, she could use her income to meet the financial requirement herself.

 

If you and she were to relocate to The Netherlands then you and she would come under the EEA freedom of movement directive and so could do so using the freedom of movement regulations; though I'm not sure of the Dutch procedure for this. Then, once your contract is over, you could use those same regulations to return to the UK via the Surinder Singh route.

 

Of course, that is the situation now; post Brexit it could be completely different; it all depends on whether or not the UK agrees to remain bound by the freedom of movement directive.

[Trevor1809]

If this job is offered I am going to have to run this past a solicitor. The last thing I want is to complicate the ILR application. In theory if the client pays through my existing limited company then UKVI would not have any knowledge of where I was physically doing the work. The surinder singh route will be my last option. I would hope that the ILR goes smoothly.