UK settlement, sponsor working overseas

[blue72]

Hi to all,
I'm newbie.
I'm married for 16 years now and with 2 children (both British citizen). My husband is working overseas 5 years+ (28 days on/ 28 days off). We would like to go back to UK because we want our children to continue their studies there. So I'm planning to apply for settlement visa. We meet the financial requirement.
Financial requirement, sponsor overseas returning to UK ( with confirmed job in UK). This is the only category that I can tick and fits our situation.
We cannot meet the requirement "with confirmed job in UK" because my husband still has 2 years contract with his current employer. This means he goes to work (28 days) overseas and back to UK (28 days) when off work.
What will be my chances on getting this SV with this situation?
Any comment, suggestion and advice. Will be much appreciated. Thank you

[blue72]

Sorry I'm new to the forum. I didn't mean to put the emoticon on my title.

[grahamw48]

No probs.

Welcome to the forum.

Stick around and I'm sure someone will come up with the advice you need.

[blue72]

Thanks, Graham.

[Terpe]

Hello blue, welcome to the forum

The circumstances you describe do not follow the 'norm' but are by no means unique.

It isn't really possible to give any definitive 'answers' based solely on the information you've divulged.

Just in principle, your husband firstly needs to be 'present and settled' according to immigration rules.
From what you describe he appears to meet this as you say he only works outside of UK and then returns 'home' to UK when not working. This would suggest that in principle he is 'ordinarily resident' in UK

Secondly, your husband needs to comply with the UKBA Financial Requirement.

If you will make application under Category A or B as an overseas sponsor returning to the UK, then as you rightly suggest that application will fall to refusal simply on the basis of non-compliance.
Do not expect that the UKBA caseworkers will have any discretion in this.

Quite simply you need to build upon the established principle that your husband is ordinarily resident in UK and is fully able to comply with all Financial Requirements such as:-
- Pay slips
- A letter from the employer issuing the payslips confirming:-
(i) the person's employment and gross annual salary;
(ii) the length of their employment;
(iii) the period over which they have been or were paid the level of salary relied upon in the application; and
(iv) the type of employment (permanent, fixed-term contract or agency).

- Bank statements

Your husband also need to comply with all other apects including accommodation.
Now given that he is present and settled (ordinarily resident in UK), does he have a settled home here in the UK?
I'm thinking along the lines of owned or rented accommodation?

Do be aware that this is the principle. To secure a confirmed position for a compliant visa application there's quite a bit of other information that might be needed in order to satisfy the ECO.
You may also need to clarify the employment status, currency of income, tax status etc
There are plenty of folks who have secured a settlement visa where the spouse is working outside of the UK under similar conditions to those you outline. Mostly on board ships, where often it's not easily possible to actually return to UK during their non-working periods.

Personally I think it's in the best interests of you both to have a detailed consultation with an experienced immigration advisor
who will be able to do a complete document check for you and give you the best chance of minimising risks.
I suggest this simply because there are so many twists and turns within UK Immigration Rules and you need to provide significantly more detail to find the best approach.
Even the contractual 'on-work period' / 'off-work period' can make a significant impact on the way UKBA view it.

Additionally (and importantly) a good immigration advisor will have access to caselaw and to previous winning appeals.
A number of cases where UKBA initially refused the application have actually been allowed at appeal.
So don't give up.

But as I say, your correct approach is that of your husband being present and settled in UK

Hope that helps a little and points you in the right direction

[blue72]

Hi Terpe,
Thank you for the good advice. I'm so sorry to mislead you on "ordinarily resident". My husband is not yet settled in UK. What I mean is (if the visa will be successful, i doubt it now) he works for 28 days and 28 days off in UK. Now our situation gets from bad to worse.

The approach we were thinking to do was we will settle back to UK on the reason of our children (both under 18 years old) needs to continue their education there. By this we intend to live in the UK together and make it as our home. (and of course for good reason hubby needs to go away to work) He still got a job when we move there (if goes well, doubt again) so it means he can support us . We meet the financial requirements with all the supporting documents on the list.

He works on Oil and Gas industry. His flight is paid by the company. In those 5 years he always go back on the right date. He owns the house where we intend to live (9 years). Got the docs for that too and A1 test, TB certificate, sponsor letter.

I have seen a forum with the similar situation as us but she applied for Fiance Visa. The sponsor works overseas on 8 weeks on /4 weeks off. The visa was refused

Refusal letter from UKBA.
However from the evidence submitted in support of this application your sponsor is not present and settled in the Uk. He has been working as expatriate in xxxx and his contract employment clearly shows he is employed on rotational basis 8 weeks on and 4 weeks off. Your sponsor has not indicated any intentions of relocating back to UK on a full time basis and as such I am not satisfied your sponsor will be resettling in the UK with you.

It seems to me, it was refused based on the requirement "intend to live permanently together in the UK" not by financial requirement.

I am really in a lot of doubts on how the ECO will consider our "unique". situation. I know there is no assurance but we have to try.
Mr. Terpe, I really appreciate your advice. Please feel free to comment. Many thanks.

[blue72]

Hi Terpe,
Thank you for your insightful advice. I'm so sorry I misled you on the "ordinarily resident". My husband is not in the UK and he is hasn't been back for 9 years. What I mean with " he goes to work (28 days) overseas and back to UK (28 days) when off work (if the visa will be granted and we are in the UK). Now our situation got even worse and complicated.

We have all of the financial supporting documents (pay slips, bank statements, letter from employer, contract of employment etc..) My husband is in an oil and gas industry. But his work is onshore. His company pays for his airfare going back to where we live.

We have a house in the UK that my husband owned, where we intend to live.

The only approach we can think of is we intend to live permanently in the UK because our children are going to school there. This is what my husband point out in his letter. But then again, ECO has certain of rules to follow.

Anyway, while searching more about our situation. Came across to this forum that have similar case as we have she applied for Fiance visa and got refused.

Below is the reason why she got refused:

However from the evidence submitted in support of this application I am satisfied your sponsor is not present and settled in the UK. He has been working as an expatriate in Iraq and his contract of employment clearly shows he is employed on a rotational basis and is employed 8 weeks on/4 weeks off. Your sponsor has not indicated he has any intentions of relocating back to the UK on a full time basis and as such I am not satisfied your sponsor will be resettling in the UK.

It seems she has been refused on the basis of "intend to live together permanently in the UK" not by financial requirement. Based on this, I really don't know what will be our chances. It is so frustrating and stressful.
Thanks for your help Terpe.