Working abroad - wife settlement visa

[chris9111]

Hi there,

 

I am a British citizen with a family of two married to a Thai national. My wife has been in the UK for 2 and half years and we are preparing to apply for the stay-to remain visa where 2 and half years after that she would be entitled to a British passport. 

I am just enquirying to see what the implications on my wife's visa would be if I found work in another country. I would still visit them 2-3 months of the year and help everything financially.

 

Best regards,

 

Chris

[7by7]

On ‎09‎/‎11‎/‎2017 at 12:23 PM, chris9111 said:

My wife has been in the UK for 2 and half years and we are preparing to apply for the stay-to remain visa where 2 and half years after that she would be entitled to a British passport. 

No, she would not be entitled to a British passport at that point!

 

She would be able to apply for Indefinite Leave to Remain, often referred to as settlement. Once she has that then, provided she meets the other requirements, she can apply to be naturalised as British. Once she is British she will be entitled to a British passport.

 

On ‎09‎/‎11‎/‎2017 at 12:23 PM, chris9111 said:

I am just enquirying to see what the implications on my wife's visa would be if I found work in another country. I would still visit them 2-3 months of the year and help everything financially.

To qualify for ILR your wife would, as she has to do now for her Further Leave to Remain, provide evidence that you and she have been cohabitating in the UK for the entire 30 months.

 

However, there is nothing in the rules to say that you cannot work abroad during this period while your wife remains in the UK: provided you, youirself, remains a UK resident.

 

Sorry I can't be more precise; a lot depends upon individual circumstances.

 

BTW, how did you get on with your step daughter's application? Did your wife manage it despite the girl living with her father? If so, I'm sure that there are members here in a similar position who would love to know how she managed to get over the sole responsibility requirement.

[chris9111]

Thank you for the reply,

 

Yes that is a tricky one. Currently we haven't moved forward with my step daughter's application as there are so many variables. One example is - I am fully employed with a secure job but what if? What if I lost my job, currently I don't have enough contingencies in place to make it secure for her experience to move to the UK. But if in the future we do proceed I will share my experience and knowledge. Thanks.

 

With regards to the statement, 'However, there is nothing in the rules to say that you cannot work abroad during this period while your wife remains in the UK: provided you, yourself, remains a UK resident'. If I am not paying tax in the UK due to working in another country for 9 months then technically I am not residing in the UK. Is this the case?

 

Best regards,

 

Chris

[7by7]

2 hours ago, chris9111 said:

If I am not paying tax in the UK due to working in another country for 9 months then technically I am not residing in the UK. Is this the case?

I'm not a tax expert, but my layman's opinion is that you would not be a UK resident.

 

I think this may be beyond the expertise of most forum members, it's certainly beyond mine. I suggest you contact an OISC advisor for their advice.