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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 404
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I would like to, what is meant by the term "settled resident"

Customer Question

I would like to, what is meant by the term "settled resident" that is used as part of the checks when applying for a spouse to join you in the UK?
My boyfriend and I eventually plan to get married in late 2017/2018. However, an opportunity has come up for me to teach in Kuwait. I am a British Citizen with a British passport & my partner has lived in the UK since 2003 (so for 13 years, he has overstayed, but has never sought public funds).
I plan to work in Kuwait for the next 2 - 3 years, but will return every school holiday (every 6 weeks), including the two & a half month's break I will get at summer.
Please confirm if me being a British Citizen who works abroad (I will pay no taxes there but plan to still have a UK bank account, pay UK rent etc) would have a NEGATIVE IMPACT on my partner's application to join me in the UK as a spouse? In other words, is my working abroad 'allowed' as part of the 'spouse' application?
FYI - I do still plan to be based in the UK (my mother lives here for example) & will eventually work here again fully - it just so happens that my job for the next couple of years will be based abroad (i.e. in a Kuwaiti school / organisation in Kuwait!).
Please confirm asap - once this question is answered - I will ask the more detailed question of HOW we get around this & what can be done - although I suppose I would need to pay for that! Please DO LET ME KNOW that if my working abroad is NOT ALLOWED if this is an absolute not allowed OR if we can get around this. Thanks.
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
And also for the "getting around it" part - i.e. if ME working abroad is not allowed (he will still be here in the UK)... how easy / difficult is this to get around? I.e. would I have to give up my job and return to the UK to make my application? Would I need to provide proof of salary from a UK based employer etc?Thanks
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Frantz I replied 1 year ago.
Hello Thank you for your enquiry. Settled in the UK means residing in the UK with British citizenship or indefinite leave to remain.There is no prohibition in working and living abroad but there are going to be some challenges. The issues to consider in an application under your circumstances would be proving that your relationship continued to be genuine and subsisting whilst working and living abroad and whether you meet the financial requirement as an overseas sponsor returning to the UK. To meet the financial requirement as a retuning overseas sponsor, you will be required to show that at the date of your partner's application, you were with the same employment abroad for at least 6 months earning the required level of income at the time and the returning sponsor has a confirmed offer of employment in the UK starting within 3 months of their return again at the required level of income. Your partner, having overstayed in the UK, may be eligible to switch into a family based visa whilst in the UK under the exception to the rule if you can show that your relationship is genuine and subsisting and there are insurmountable obstacles to family life with your partner continuing outside the UK. Having a family life together outside the UK may pose some challenges to an application being made. Presumably you would be arguing that insurmountable obstactle would be experienced by either you or your partner, which would cause significant hardship that cannot be overcome. But the fact would still remain you have managed to work and live abroad and maintain a family life with your partner. Obviously giving advice on JA is not allowed but have you considered making an application to regularise your partner's stay in the UK as an unmarried partner if you have been in a relationship for this long? Any application would of course still need to meet the requirements - just a thought. It is always advisable for this type of application to seek legal advice particularly as you intend to leave the UK for a long period of time and your partner has overstayed his leave. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application
Customer: replied 1 year ago.
Thank you for your response so far... a few clarification points - please just reply under each:
1) How long is the spouse visa valid before someone is eligible to apply for Indefinite Leave to Remain and are there any top-ups needed (i.e. would another application be needed for a spouse visa after a few years, before they eligible for IR i.e. the 30 - 33 month thing...???).2) If we applied for a spouse visa, as you suggested above, with a contract from a job in the UK showing I have a job here within 3 months - could I return, work here for a short while (say 6 months - 1 year) and then return abroad? Would this invalidate the spouse visa / negatively impact any future applications such as IR we can make?3) I don't understand what you mean when you say, "under the exception to the rule" in the third paragraph of your answer on family based visas. What would be the "the rule" that we would need an "exception" for...?4) We have been together for over a year but have not lived together. Would my partner be eligible to apply for the 'unmarried partner visa' under these conditions? Would my working abroad during this application or in the few months before it, invalidate this (unmarried partner) visa? Even if, we will rent a place together, was sent mail there & I would be living there for at least 4 months throughout the year during my holidays?5) What kind of things are normally accepted as proof of a relationship?Thanks in advance - this should cover it...
Expert:  Frantz I replied 1 year ago.
HelloI am happy to address clarifications to my previous answer but can only answer further questions if rated. 1. Generally totally 60 months to settlement or 120 months if the exception rule has been applied. But the visa is given in periods of 2.5 years (30 months). If you are applying from abroad initial 3 months grace period is given (3 +30) but if applying within the UK 30 months each. 3. The Home Office makes decisions based on a set of Immigration Rules and there are exceptions that apply to a family based application. An exception to the rule caters for those who overstay their visas in the UK if there are insurmountable obstacles to family life outside the UK. 4. Unmarried partner route is based on the relationship subsisting for at least 2 years and not necessarily the living together part but it is easier to prove a relationship exists if you have evidence of living togather for at least 2 years. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application
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Customer: replied 1 year ago.
Hi Frantz - thanks so much for your answers above - I have rated and written a comment. Much appreciated.Could you help to address these further two points below (points 2 and 5 as outlined above)? Thanks:2) If we applied for a spouse visa, as you suggested above, with a contract from a job in the UK showing I have a job here within 3 months - could I return, work here for a short while (say 6 months - 1 year) and then return abroad? Would this invalidate the spouse visa / negatively impact any future applications such as IR we can make?And...5) What kind of things are normally accepted as proof of a relationship?
Customer: replied 1 year ago.
One further question - linked to the above. So I could only apply for a spouse visa on behalf of my boyfriend/husband as a returning overseas sponsor? Could I continue to work abroad, whilst he was living in the UK, with me financially supporting him and living here during the summer? (For 2 - 4 years, pending)Thanks - if you can no longer respond please let me know and I'll repost.Kind regards.
Expert:  Frantz I replied 1 year ago.
HelloThank you for rating much appreciated. 2. No you can't because the basis of making a retuning to the UK application as an overseas sponsor, is to remain in the UK. Although your intentions may be genuine, the Home Office is likely to take a different view or at least query the unusual pattern. If there is any doubt, the Home Office is likely to refuse the visa and perhaps rightly so. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application. 5. References from friends and family, holidays together - tickets, pictures of places you have visited together, pictures of periods in your relationship together etc evidence of living together - bills in both/individual names with the same address, joint accounts, joint financial commitments, email correspondence between both, text messages etc.
Expert:  Frantz I replied 1 year ago.
Hello That would be seen as trying to circumvent the immigration rules. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Sorry Frantz - what would be seen as circumventing rules? Which question are you replying to here? Please copy and paste... (I have left you another comment and a tip - thanks so much)Could you help with these? I posted openly above but no one has replied as yet...
- Also, would what you said about spouse visa apply to unmarried partner visa? I.e. would the British Citizen partner have to remain in the UK for the duration of the application also?
AND:
3) Do both of the visas above (spouse and unmarried) allow the non-UK citizen partner to
a) travel abroad for holiday (do they get a passport?) b) work in the UK (would a work permit from employer be needed in addition or would this be either visa above be enough)?Thanks
Expert:  Frantz I replied 1 year ago.
HelloI was responding to the question about coming back to the UK for a short period and returning abroad.Ok will answer the other shortly.
Expert:  Frantz I replied 1 year ago.
HelloYes the British partner sponsoring a partner's application is required to remain in the UK.Yes partners can travel abroad on holidays. They will not get a British passport. They will get a biometrics card. All they will have is a visa allowing them to reside in the UK. Work would be permitted. There is no extra requirement to get work permit. **********************************************************************This is a simple question and answer platform. Answers expressed by the author in this platform are solely base upon the information provided by you. Under no circumstances should answers be relied up as immigration advice. Please note that the author accepts no responsibility for any reliance and it is your responsibility to seek independent legal advice before making any immigration application.
Customer: replied 1 year ago.
Thanks okay - that's all my questions for today. You have been super helpful as I am currently going through application process for said job so the information you have provided will assist with my decision-making.Thanks so much and have a nice evening... : )
Expert:  Frantz I replied 1 year ago.
You welcome

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