KiwiKaye Posted October 4, 2016 Share Posted October 4, 2016 Hi all, I wasn't sure where to post this - it might be better in the Moving Back to the UK section - if so Mods please feel free to move. Anyway, does anyone know whether, if your OH is on a spouse visa, due for ILR and naturalisation next year, and the UKC moves out to OZ for a few months to work - will this affect the non-EU spouse's status in the UK? The spouse would remain in the UK with the kids. When the spouse hits the point where ILR needs to be applied for - does it matter if the UKC is earning money out of the UK, as long as it meets the threshhold, or does he need to be in the UK? Thanks all! Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 4, 2016 Share Posted October 4, 2016 If you are away for less than six months then you won't cease to be domiciled in the UK. You are just on a short business trip. I don't see how it would make any difference. Quote Link to comment Share on other sites More sharing options...
KiwiKaye Posted October 5, 2016 Author Share Posted October 5, 2016 Hi Marisa. Thanks very much for the reply. I'll pass that info on. Just for interests sake, do you know what the position would be if the UKC was out of the U.K. For more than 6 months? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted October 5, 2016 Share Posted October 5, 2016 Hi Marisa. Thanks very much for the reply. I'll pass that info on. Just for interests sake, do you know what the position would be if the UKC was out of the U.K. For more than 6 months? You need to look carefully at the rules the UK uses to decide whether you're legally domiciled in the UK or not. I assume you'd still have your home in the UK and would be living in temporary accommodation in Australia so it's obvious you have no intention of remaining there long-term. Is the salary being paid by an Australian firm or a UK one? Quote Link to comment Share on other sites More sharing options...
KiwiKaye Posted October 6, 2016 Author Share Posted October 6, 2016 Thanks again Marisa. He would be working for an Australian company, so AU$ salary. This is not an inter-company transfer from his UK role. Quote Link to comment Share on other sites More sharing options...
Guest Posted October 6, 2016 Share Posted October 6, 2016 Thanks again Marisa. He would be working for an Australian company, so AU$ salary. This is not an inter-company transfer from his UK role. I think it might be good to seek professional advice to ensure you don't make mistakes or assumptions on what can and cannot be done. It would be a terrible shame if things went wrong for your husband at this point in the process. Quote Link to comment Share on other sites More sharing options...
KiwiKaye Posted October 9, 2016 Author Share Posted October 9, 2016 Thanks for the reply Snifter. I'll recommend that. Quote Link to comment Share on other sites More sharing options...
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