Husband working abroad

You need to consider this sentence very carefully, you say your husband worked abroad for 10 years prior to returning to the UK and you joining him! The below is copied out of para 4 on the link I sent you in a previous post.



Ordinarily resident’ means ‘having a regular habitual mode of life in a particular country, the continuity of which has persisted despite temporary absences’

You will be asked in the application form when you apply if you have lived together CONTINUOUSLY for the last 2.5 years prior to application. How will you answer that? If you say YES that means you're lying and IF the ECO finds out then you will have to suffer the consequences.

I better send my wife home then!

I appreciate all your comments. However, should i for instance take the risk, what will be the implication in my visa? If we got rejected what will be our next application? Is it still flr and make up for the time my husband was away working or should we start from scratch meaning entry clearance again? I am very confused.

Thanks.

how long have you got left on your current visa from your posts it would suggest that you have about 2 and half years left,is that right?

Yes, we just arrived here in uk for quite sometime. But my husband is just planning to work away for maximum of 1 yr should we go that route. Will that matter?
Thanks.

what else can you do ?
can your husband find a job in the UK ?

supposing your husband continued to pay tax in the UK on his income earned overseas?

I dont know if he can pay tax or if possible i dont know how. His plan is to accept the job offee from middle east which doesnt have imposed tax.
Thanks.

i'm sure he can pay uk income tax if he wants to--ha ha. probably the only ex pat worker who does though.

your husband is settled in the UK and will be at the time of your next application

You will have lived together continuously for 2.5 years (as per para 4 having a regular habitual mode of life in a particular country, the continuity of which has persisted despite temporary absences’

You are using savings not earnings, if you decide to use earnings then a safe bet would be a UK Employer paying British Pounds regardless of where your husband worked

Are you saying that it's possible that we can still get the approval even if my husband will work abroad for a maximum of 1 year within the 2.5yr period of my spouse visa?
Thanks.

Yes, i agree im sure he can but will that be more obvious cos he will be paying tax but his payroll is from abroad? Not sure of the process though.

so long as he comes home regularly--i really dont see the problem. hes british--lives here--has his home here--gets his mail sent here--pays council tax here ( doesnt he ? )...registered with a doctor here.--TV licence..driving licence..

if youre going to use savings as sponsorship--in 27 months time..and go for same day service.. whats the problem ? LOADS of people would love to be in your position. stop worrying and get on with your new life here.

I cannot possibly say that you will get approval, what I can say though is if my situation was the same as yours I would be happy with my application status.

Footnote I work on a regular basis away from home I did when I submitted our FLR (my financial information supplied to UKBA at the time showed that I was paid an allowance for being away from home and also the frequency it was paid ie every week,) I will continue to work away from home on a part weekly basis but every week, its my work/home life balance I consider that my wife and I have lived together continuously together for the last 2 years. She does miss me though as do I her!

dont confuse the 2 stick with the savings option

The above is not the same situation. Temporarily working abroad and being paid an allowance to do so, is not the same as taking long term employment in a foreign country. Once abroad for more than a certain length of time in any tax year you are legally considered to be not ordinarily resident in the UK regardless of whether you visit regularly or not.

Given the man has worked abroad long term and appears to have spent a great deal more time abroad in the last decade than in the UKz it would be extremely unwise to again take employment abroad at this stage. It will not be viewed favorably.

I apologise, but a great deal of the above opinions are just misleading the OP. Having lived and worked abroad and been involved in exactly that situation I feel qualified to comment.

If the Op doesn't like the answer then go ahead, get lots more wrong opinions that agree with what you want to hear, apply and see what happens. Its unlikely you'll succeed but maybe you'll get lucky.

Last post on this thread as I believe I have set out my views on the subject and as I dont know the OP from Adam there is no necessity for me to provide answers they want to hear and it is incorrect to suggest such a stance. As with all forums and debates people will have different views and are wholly entitled to them, qualification to comment is opinion based (unless supported with documented evidence) and every situation is slightly different and open to interpretation of the guidelines (clearly we have 2 camps of thought but that is not surprising). It is down to the op to take the views expressed and decide their best way forward.

I’m on the same boat. My husband worked abroad for 10 years, but the company was UK and all his earnings went to his Uk account which means he was paying tax for the entire time he worked abroad. The consolation of being away from home is that you earn more and that will pay for the tax bill. Last tax year he paid 21k£ for staying in the UK for 92days. You have to be in the country for at least 90days to pay full tax year.
If your husband works abroad, As long as he spends time here in the UK more than 90days then he would have to pay tax and that will make him a resident here. #Bigmac is absolutely right saying that your husband shouldn’t have a problem working abroad, as long as he pays his tax, his permanent address is here,etc.,as far as I am concerned HO mainly looks at your financial status and that you won’t be draining the government funds.

Think you're worrying too much - you said he'll probably be going home every six weeks or so... so no worries about living together continuously.

This is not a matter of opinion. It is a matter of the application of the immigration rules and the somewhat complicated definitions of ‘resident’, and ‘ordinarily resident’.
There is a lot of misinformation and naked opinion being posted on this thread.

There is a big difference between between considered 'resident' for tax purposes for any tax year, and being 'ordinarily resident'. The concept of 'ordinarily resident' is calculated over a four year period where there is any dispute as to the intention of the person. It is possible for a person to be non-resident for tax purposes but remain 'ordinarily resident'. They would only become not 'ordinarily resident' in the fifth year. Furthermore, on return to the UK after a prolonged absence of full-time employment abroad, they may be considered 'resident' for several years without being 'ordinarily resident'. Alternatively, they may (provisionally) be considered to be 'ordinarily resident' from their return, if their intention is to remain permanently. However, if they leave again, that status can be retroactively adjusted.

If we consider Part 8 of the immigration rules para 284 (VI) we see:

“each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; “
https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members

Furthermore, the entire application is made as the spouse of civil partner of a person “present and settled in the united Kingdom”. This is a very specific term. It is not related to where a person pays income tax - and payment of UK income tax does not make a person ‘present and settled’.

SET04 gives some guidance as to the definition of ‘present and settled’, which, significantly requires a person to have both leave to remain and be ordinarily resident in the UK.

“Ordinarily resident’ means ‘having a regular habitual mode of life in a particular country, the continuity of which has persisted despite temporary absences’. “ It has a very specific definition built up by years of case law.
https://www.gov.uk/government/publications/civil-partners-set04/civil-partners-set04

This paper from an attorney sums up the position nicely:

http://www.carsontrotter.co.uk/cms/...icile_and_the_taxation_of_overseas_income.pdf

It mentions that a person is considered ordinarily resident if they make ‘habitual and substantial’ visits to the UK. ‘Habitual’ meaning visits for four consecutive tax years, and ‘substantial’ meaning more than 90 days in a tax year averaged over the last four tax years.

Crucially, this paper mentions:

“Individuals going abroad for full-time employment or self-employment are treated as not ordinarily resident from the day following the date of departure. By concession this treatment is extended to an accompanying spouse or civil partner. “

and that a person returning to the UK will be considered to be ‘ordinarily resident’ if they intend to make habitual and substantial visits - using the same benchmark.

Given that the OP admits that the husband has worked abroad for ten years and only returned to the UK when doing the spouse visa application stating an intention to remain, he would be considered provisionally 'ordinarily resident' at that time. However, were he to return to employment abroad within a short time, it is likely that he would no longer be considered to be ‘ordinarily resident’ in the UK, particularly if his visits following his departure accounted for less than 90 days per year.

It is hard to visualise employment abroad that would grant him the flexibility to spend at least 90 days per year in the UK. So I assume that is not the intention.

Since the immigration rules require him to be ordinarily resident (‘present and settled’) in the UK, it is clear that any application is likely to run into difficulties in that area.

Having been in this type of position during and after working abroad and therefore quite familiar with the differences between 'resident' and 'ordinarily resident' - and since I employed the services of an attorney when obtaining the visa for my wife where I was told that it would be inadvisable for me to leave the UK following my return to the UK - and reading the immigration rules for myself - it seems quite clear to me.

I therefore would not recommend the OP encourages her husband to work abroad.
He should work in the UK to be more sure of his application.