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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6044
Experience:  BA (Hons), PgDip, Practising Solicitor
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UK spouse visa/travelling arrangements We are planning to

Customer Question

UK spouse visa/travelling arrangements

We are planning to return to the UK to live permananetly. I am British and have worked in Saudi Arabia for 15 years. My wife of 10 years is Ethiopian (with a current 5 year UK visit visa). Our 2 children are British. We own our own home in the UK (no mortgage). We are going to apply for a UK spouse visa for my wife:

1) I intend to return to work in Saudi for another 2 years after my wife has returned to our home in England with our 2 children. My wife and children will be permanently living at our home and the children attending local schools.

2) Can my wife travel internationally on a UK spouse visa? (Our children have British passports). While I continue to work in Saudi I want my wife and children to visit me during holiday periods. They will not spend more than (say) 6 weeks at any one time with me before returning home to England.


3) We are financially sound. Can I use my income from my job in Saudi to cover the financial requirement for the Spouse visa (approx 18,000 GBP per annum). My children are British and we do not need to show financial cover for them.

4) Are there any issues relating to applying for the spouse visa with me continuing to work abroad whilst my wife and children return to live in England?


Regards


XXXXX XXXXX
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
Hi Anthony

Once this has happened, how many days out of the year will you yourself physically spend in the UK?

What is the main motivation behind this?

Tom
Customer: replied 10 months ago.

Hi Tom,


 


I intend to remain an ex pat for a couple of years. I am already a non resident for tax purposes. I will spend less than 90 days in the UK per annum during this 2 year period - I am aware the law has changed on residency in this respect.


 


Motivation:


 


1) Children's education:


 


Our children are currently 8 (Tom) and 6 (Jessica). They are at the British school in Jeddah. Excellent school. However we need to get them into the British system before they reach High School age. We are currently looking at appropriate schools.


 


2) Financial:


 


I need to work for another couple of years in Jeddah to top up the savings. We've just purchased our new home for cash


 


 

Expert:  Thomas replied 10 months ago.
Hi Anthony

Thank for your patience.

Even though your wife will have a spouse visa it will not change for citizenship until she naturalize is as a united kingdom citizen. This means that until then for the purpose of traveling to other countries she will remain an Ethiopian citizen and will have to apply for the same visas as any other citizen of that country.

The difficulty with your type of application is that because you yourself will be working for the great majority of time in saudi arabia then they will probably not regard you as being permanently settled in the united kingdom. Part of the eligibility criteria is that you and your wife must intend to remain permanently settled in the united kingdom. This means that you must be resident here.

Although you could probably apply without revealing your intention to work in saudi and be successful your wife may have trouble re entering the u k if she leaves on her spouse visa and then attempt to re enter without you traveling with her. I would expect her to receive some questioning but ultimately be let through on the first few occasions bart after that they may become more suspicious and I could not guarantee that she would the permitted entry to the u k after that although she may do

A further potential problem is in respect of the financial requirement. Although you have a salary above the threshold levels the requirement in the case of a sponsor spouse returning to the u.k from be outside the u k is that you have to show your foreign salary that also an offer of a job based in the united kingdom above the salary level which is to start within 3 months of the date of the application.

Please refer to 5.21 on the following link for confirmation
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf

Therefore unless you are able to do this at all show that you have savings above £62, 500.00 then you may have to alter your plans to possibly get employment in the u k. The alternative would be to remortgage your u k property to release some equity so that you reach the threshold level for the financial requirement for savings.

I I am sorry that I could not have better news for you

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Tom


Customer: replied 10 months ago.

Tom,


 


Thanks for that; I suspected my residency would be an issue. You've confirmed it.To finalise this could you just explain your paragraph on the financial requirement. My current (foreign) salary is well above the threshold as you say - I don't understand your reference to having to have a UK job offer? Also - you mention minimum savings of 62,500 GBP being required. Is that the level of savings required for her spouse visa if I (as sponsor) do not have employment in the UK? I will have UK pensions kicking in soon when I am 60 which will be about 15,000 GBP per annum.


 


Thanks

Expert:  Thomas replied 10 months ago.
Hi

If you are not relying on any salary income then you must show £62500 in savings instead, so yes.

Because you have a foreign job generating income outside the uk in order to rely on ds when she applies you will have to show that you have received a job offer in the u k above the threshold level which will start in 3 months from the application date.

Please remember to rate my answer.

Kind regards

Tom
Customer: replied 10 months ago.

Last question Tom,


 


If I return with my wife and kids permanently (and not maintain my job in Saudi) will they accept minimum savings of 62,500 GBP and my pension income of 15,000 GBP per annum without having a job offer in the UK?

Expert:  Thomas replied 10 months ago.
Hi

They will except that on the basis of the savings alone, they would not even need to consider the pension income

Please remember to rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6044
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 10 months ago.

Thanks Tom, I've ticked the excellent box!

Expert:  Thomas replied 10 months ago.
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