How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MARTINT330 Your Own Question
Category: Law
Satisfied Customers: 1227
Experience:  Expert
Type Your Law Question Here...
MARTINT330 is online now

I have a job offer in the UK but I live in Cyprus. UK, I

This answer was rated:

I have a job offer in the UK but I live in Cyprus.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: UK
JA: What steps have you taken so far?
Customer: I have a lawyer but they're responding too slowly and their answers don't make sense
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I need to sponsor my wife to come on a spouse visa, but to do that I need a job in the uk everyone is telling me that I need to be in the uk for me to have a UK job. But that means abandoning my wife and kids for 3 months whilst they wait for the visa surely there is another way
Customer: replied 8 days ago.
this is it in full:
I have a job offer in the UK. They said they can't employ me in the UK unless I'm in the UK. So they want to give me a contract in Cyprus until I get to the UK.My wife is not a UK national so we need a spouse visa. To get her a visa I need a UK job.What do I do without abandoning my wife and kids for 3 months whilst we get their visa?

Hello, I am happy to help with your enquiry today.

If you have a job offer here in the UK, you can apply for a skilled worker visa. This visa allows you to stay in the UK to do an eligible job with an approved sponsor/employer. To qualify for a Skilled Worker Visa, you need to be sponsored by a UK-based employer. Besides, you must meet the following eligibility criteria:

  • You must be aged 18 or over
  • You need a valid Certificate of Sponsorship (CoS) for the job you are going to do
  • Your job is a genuine vacancy
  • Your role is at an appropriate level
  • You will be paid a salary that equals or exceeds the general salary threshold and the “going rate” for your occupation
  • Your sponsor has paid the required Immigration Skills Charge
  • You can demonstrate your English proficiency (at least CEFR Level B1)
  • You can financially sustain yourself and your family without relying on public funds
  • You can provide a criminal record certificate
  • You can provide a valid TB certificate (if needed)

Additionally, on this visa, your partner and children can apply to join you in the UK provided that they are eligible as your dependants. You can include the following members of your family in your application:

  • Your wife, civil partner, or unmarried partner
  • Your children under 18
  • Your children over 18 if they are already staying in the UK as your dependants and are not married.

When submitting your application, you must provide evidence of your relationship.

Is there anything else I can help with today?

Customer: replied 8 days ago.
I am British... I don't need a visa

I see, my apologies. In that case, your wife can apply for a spouse visa instead.

I can see you have requested a telephone call. Is this correct?

Unfortunately, I'm not able to take calls at the moment, but the request will be open to other Experts to help you. I am however available and happy to continue chatting on the platform.

Customer: replied 8 days ago.
Right, so my wife is applying for a spouse visa. But the VISA requires me to be employed in the UK. But my employer claims they cannot hire me unless I am in the UK on a UK contract. If I am in Cyprus I cannot be on a UK contract
Customer: replied 8 days ago.
My visa lawyer firm claims that the visa will be rejected unless I am "settled" in the UK.This is insane, that means I have to abandon my 5 year old daughter and my wife for months whilst waiting on this decision...
Customer: replied 8 days ago.
Surely there is a way that I can be employed in the UK, paying taxes in the UK, and moving to the UK whilst waiting for the Visa so we can move to the UK?
Customer: replied 8 days ago.
I guess my question is:What does "settled in the UK" even mean? How long will that take, what steps do I need to do to become settled in the UK?

Yes, that's correct. In any case, you can go to the UK while your wife awaits the decision on her spouse visa application.

You stated earlier that you are a British Citizen. Is this correct?

Customer: replied 8 days ago.
the UK forces me to abandon my wife and kid to move back to the UK? Abhorrent.
Customer: replied 8 days ago.
Can I go to the UK, sign the contract, then fly back to Cyprus until the visa is ready?
Customer: replied 8 days ago.
I am a British Citizen

You need to be in the UK so that your wife's visa application will be successful. It's not 'abandoning' actually, you have to be patient as this is per immigration rules.

MARTINT330 and 4 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Yeah, I think we share different definitions of abandoment. We live together, the kids go to school etc, I need to close the house, pack the house etc.If I do all that, then my wife is homeless...

I understand your situation. However, this is currently under the immigration rules - we have no choice but to follow what is mandated by law.

Customer: replied 8 days ago.
I was just informed by the calling solicitor that I can just have £16k in savings and bypass the requirement to have a job in the UK. Is that not so?
Customer: replied 8 days ago.
Or do I have to be in the UK still whilst we wait for the visa?
Customer: replied 8 days ago.
If you are correct, and that I (as the sponsor) am required to be SETTLED in the UK for the duration of the application. What does "settled in the UK" mean in legal terms?

Legally speaking, being settled in the UK indicates that you are ordinarily living in the UK and that you are not subject to any immigration restrictions on the length of your stay.

Customer: replied 8 days ago.
that means I could have a permi address in the UK, but fly out to Cyprus as a visit?

Yes exactly.

Customer: replied 8 days ago.
1) My dad puts me on his house as me living at his address
2) I fly to england... do I have to sign anything or let anyone in England know I am now "settled" there again?
Customer: replied 8 days ago.
Customer: replied 8 days ago.
would there be a limit to how much I could travel out of the UK during this time?

From a legal standpoint it is not your status at issue if you have a British passport and the reference to settled is a moot point. It is your potential new employer that is causing the issue there is no legal requirement to be as they say settled in the UK to sign a contract of employment.

You are free to come and go from the Uk as you please with a UK passport.

It is your wife’s visa at issue and unfortunately there is no other option than to await the decision.

Customer: replied 8 days ago.
OK, clear! So me being in Cyprus, with a residence card, has no impact on the UK team? They were concerned about breaking Cyprus law or something because they have no legal entity there.

No I cannot see any issue with that. We have consultants that work all across the Globe.

Customer: replied 6 days ago.
Right. But are they hired as a freelancer or as a UK Employee?
We have freelancers but other companies employ employees as far away as America and Australia.

Please let me know if you have any further questions.