# UK spouse visa renewal... while living abroad



## Matana (Sep 1, 2014)

Hi everyone!

I have a visa question and really need some advice but don't know where to start. I am a Mexican married to a British citizen since January 2013. I was already in the UK on a post study visa so it was relatively easy to switch to a 2.5 years spouse visa. My husband and I are both living and working in the UK at the time being and earn above the required threshold. 

However, it is very likely that my husband will get transferred due to his work to Hong Kong before the end of the year. I would be moving with him and we are planning to stay in HK for about a year before returning to the UK for good.

We are not sure what this would mean for my UK visa since I am due to renew my spouse visa next July 2015. I have come across various rules that state that I can’t leave the country for more than 90 days under a spouse visa or that I might need to apply from scratch before entering the UK again. I obviously don’t want to lose the right to live and work in the UK (or prolong the time before getting my indefinite leave to remain) because we do want to come back and settle in the UK for good. The good news is that even if I'm unable to find a job in HK, my husband earns enough to support any visa application. Unfortunately, the information available online is not clear on how to deal with cases like this. Does anyone know if I can renew my spouse visa while living abroad or if we need to apply for some kind of visa suspension or similar? Is there a risk of me losing my right to live and work in the UK if we move to Hong Kong?

Many thanks in advance for any guidance that you can provide.


----------



## nyclon (Apr 3, 2011)

There is no restriction on the number of days you can be out of the UK whilst on a spouse visa however you must apply for your FLR (M) extension from within the UK. There are restrictions for Citizenship. You can be out of the UK no more than 270 days in the 3 years leading up to Citizenship and no more than 90 of those in the last year. I believe you will have to reapply for a spouse visa and your clock for ILR will reset. Is there no way your husband's transfer can be postponed?


----------



## Matana (Sep 1, 2014)

nyclon said:


> There is no restriction on the number of days you can be out of the UK whilst on a spouse visa however you must apply for your FLR (M) extension from within the UK. There are restrictions for Citizenship. You can be out of the UK no more than 270 days in the 3 years leading up to Citizenship and no more than 90 of those in the last year. I believe you will have to reapply for a spouse visa and your clock for ILR will reset. Is there no way your husband's transfer can be postponed?



Hi, thanks for your answer and clarification on timings. It's very useful.
Unfortunately we can't postpone the transfer since my husband is very keen on taking the career opportunity. 

If I can't renew the FLR (M) next year, I would lose my ILR track and would have to apply from abroad and start again. That would mean that instead of 5 years, it would take me 8 years total to get to the ILR which really sucks 

We were thinking that we could perhaps book a same day appointment and return to the UK just to apply for the FLR (M). We could use my husband's parents address as our own whilst we are abroad and go through the 'savings' route rather than the employment route to demonstrate financial means but my passport would have a HK (work) visa and they would probably be able to figure out that we are not living in the UK. I don't know it that would be worse? the thought of my visa getting rejected really scares me.

It just doesn't seem fair...


----------



## nyclon (Apr 3, 2011)

Matana said:


> Hi, thanks for your answer and clarification on timings. It's very useful.
> Unfortunately we can't postpone the transfer since my husband is very keen on taking the career opportunity.
> 
> If I can't renew the FLR (M) next year, I would lose my ILR track and would have to apply from abroad and start again. That would mean that instead of 5 years, it would take me 8 years total to get to the ILR which really sucks
> ...


You would be lucky if your visa was merely refused. What you are suggesting is deceit and could lead to a 10 year ban.


----------



## Matana (Sep 1, 2014)

I guess that's not an option then...

Thanks for your help!


----------



## Matana (Sep 1, 2014)

Hi again,

I just found this paragraph in the immigration rules for 'Family Life (as partner or parent) 5 year routes'
_*In applications for extensions of limited leave to remain* or indefinite leave to remain in the UK, where there have been* limited periods of time spent outside the UK, this must be for good reasons* and the reasons must be consistent with the intention to live together permanently in the UK. Good reasons* could include time spent in connection with the applicant’s or their partner’s employment*, holidays, training or study._

Maybe we could still come to the UK to apply while being in HK based on that? My husband's contract would be for only a year anyway which could show our intention to return to the UK and I would have spent almost 2 out of the 2.5 years (and 5 years overall) living in the UK.

We don't want to deceit anyone, just trying to find a solution. If there was a route to let the immigration office of our intentions before leaving in the first place, we would take it.

Thanks again.


----------



## nyclon (Apr 3, 2011)

Unfortunately, this doesn't cover your situation. Yes, they will give some consideration if you have been out of the country with your spouse for work. But, only if you have returned to the UK to live.


----------

