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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7149
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have already been advised that if my wife and I move abroad

Resolved Question:

I have already been advised that if my wife and I move abroad whilst she is still on a FLR visa, the visa will lapse. Given my potential move abroad is being driven by redundancy of employment of me a UK citizen and with jobs in short demand my skills are very much in demand abroad. Whilst I accept if we live aborad for these reasons we will need to apply again for a spouse visa in future years, what can we do to ensure that future application is not predudice given this is to enable me as a uk citizen to exercise my right to work. welcome advise on what steps we should take to protect our future application.

In addition, is it realistic for my wife to be approved for tourist visa for return visit to see my uk family?

Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.
Hi Colin,

Thanks for requesting me.

There is not a lot you can do to give her an advantage in making a future spouse application.

She has a duty to update the UKBA of a change in her circumstances , which she should do by written letter explaining that your redundancy and availability of roles outside the UK has led to the unexpected need to relocate elsewhere and therefore it is likely that the UKBA may have to curtail her present visa in once she has remained outside the UK for some time. She should note though that she will apply for a visitor’s visa at some point during the time you are outside the UK and shall draw attention to the fact that she has adequately disclosed her absence.

Provided she does this and you keep a record of the letter she sends to the UK then she will be able to apply for a visitor’s visa in the future whilst you are away. You should reassure them that she is not a risk of an overstay in the UK following entry on a visitor’s visa by producing a copy of your employment contract showing the intend length of your fixed term contract beyond the visit (if employed in this way) or a copy of your employment contract and a letter from your employer stating that you are expected and required to return to the UK to discharge your employment duties. If you are both named on the tenancy agreement for where you are living at the time then you should enclose this as well.

Provided you do the above then she should not have difficulty in applying for a visitror’s visa or a spouse visa in the future.
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Kind regards,

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7149
Experience: BA (Hons), PgDip, Practising Solicitor
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