[seanmcint]

Hi,

I am currently based in Africa and I am paid out of our local budget. I was going to apply with a UK job offer late next year but my current employers have given me an option of a UK contract and salary. However, for the first year of my contract I will continue to work in Africa to transition projects to local leadership. appendix 2A offers two options:

• Income from salaried employment in the UK
• Income from salaried employment >>> overseas (with job offer in the UK)

Continuing with present employment seems more straight forward for our application but does not seem to fit neatly into either of the above. Which should we use?

 

[Joppa]

You also need to meet the requirement of intending to live in UK permanently with your spouse/partner. So while you can take up a UK job offered by your current employer, you still need to be based in UK, even if it means working remotely.

 

[seanmcint]

You also need to meet the requirement of intending to live in UK permanently with your spouse/partner. So while you can take up a UK job offered by your current employer, you still need to be based in UK, even if it means working remotely.

Thanks

I would be moving physically to the UK with my wife. However, apart from a change of location, it is a continuation of my current contract. The contract requires me to be in Kenya for the first twelve months and then relocate to the UK. My wife's application will be for the relocation.

It is therefore, neither a new "job offer" or employment "in the UK" (at the time of application) but a relocation.

I have to choose one or the other...

 

[Joppa]

Your 12 months in Kenya will pose a problem. You can work remotely for your employer abroad, but you must be living in UK for substantial part of the time - short business travels excepting.

 

[seanmcint]

Your 12 months in Kenya will pose a problem. You can work remotely for your employer abroad, but you must be living in UK for substantial part of the time - short business travels excepting.

Not sure I've explained myself well. My wife's visa application will be after the twelve months is up - at the point that we permanently relocate to the uk. I'm not wanting to be out during the period of the visa itself. It's just that it won't be a job offer, just relocating to the uk office permanently. So I don't know which box to tick.

 

[Joppa]

UK job offer, if you are returning to UK with your wife in order to take up your employment for your overseas employer, working remotely.

 

[seanmcint]

UK job offer, if you are returning to UK with your wife in order to take up your employment for your overseas employer, working remotely.

Thanks

 

[seanmcint]

UK job offer, if you are returning to UK with your wife in order to take up your employment for your overseas employer, working remotely.

Hi Joppa, not sure that this applies in my case. My fault because I'm not explaining well.

I have lived and worked in Kenya for sixteen years overseeing a project supported by a UK charity. During this time I was not directly employed by the UK charity.

In 2017 the UK charity employed me to work in the UK. The contract for this job states that my normal place of work is in the UK and I currently receive a UK salary. However, the contract also states that I must work remotely in Kenya for the first twelve months to transition the project to local leadership.

Even though I am currently working remotely and will be returning with my wife, I am receiving my income from salaried employment in the UK. Part 3a says...

Part 3A Your sponsor’s income from salaried employment in the UK

However, it also says...

Only complete this section if your sponsor is working in the UK.

I am not working in the UK but on site in Kenya.

Part 3b says...

Only complete this section if your sponsor is not permanently resident in the UK and will be returning to the UK to work.

which is true of me (sixteen years in Kenya) but it also says...

Part 3B Your sponsor’s income from salaried employment outside the UK

I am not receiving income from salaried employment outside the UK

I can't see which category fits me. As I am employed in the UK and working remotely in Kenya, I am tempted to put 3a. However, I have not yet taken up residency in UK due to the initial period of remote work in Kenya and I'm concerned that this, together with my previous posting and residency in Kenya will confuse the categories for the ECO.

 

[seanmcint]

Also, 3b requires details of your old job and the new one, including a finish date for the former and a start date for the latter. My employment is continuous

 

[Joppa]

You are getting confused with Cat A and B.
What you need to realise is that your current employment with Kenyan employer can be used to meet the financial requirement, but only if you are or will soon be based in UK, as the purpose of spouse visa is to live together permanently in UK. So she can only apply for the visa after your 12-month stay in Kenya and you are coming back to UK. Working for Kenyan employer in UK is fine. You will then apply under Cat A, living overseas and returning to UK to take up a UK job offer, which can be the continuation of your current job.

 

[seanmcint]

You are getting confused with Cat A and B.
What you need to realise is that your current employment with Kenyan employer can be used to meet the financial requirement, but only if you are or will soon be based in UK, as the purpose of spouse visa is to live together permanently in UK. So she can only apply for the visa after your 12-month stay in Kenya and you are coming back to UK. Working for Kenyan employer in UK is fine. You will then apply under Cat A, living overseas and returning to UK to take up a UK job offer, which can be the continuation of your current job.

Thanks but I don't work for a Kenyan employer.

In 2017 the UK charity employed me to work in the UK. The contract for this job states that my normal place of work is in the UK and I currently receive a UK salary. However, the contract also states that I must work remotely in Kenya for the first twelve months to transition the project to local leadership.

I am now working for a charity that is in the UK and I and currently working remotely in Kenya.I am paid a salary in the UK on PAYE with a UK payslip. When I return to the UK I will no longer be working remotely but locally.


However because the remote work in Kenya is at the beginning of my contract and because I was already resident in Kenya prior to taking up this post, there is some confusion.

Also the section requires a second job to be entered (it specifically says a job offer) with a finish date for job 1 and a start date for job 2

 

[Joppa]

It doesn't matter if your employer is Kenyan or British. You have to wait until you are returning to UK, and then sponsor your wife for her visa. You will be applying under Cat A, sponsor living overseas and is returning to UK, under Cat A. Only complete the sections relating to Cat A, not B. And the rules specifically mention and allow someone working overseas and then returning to UK, working for the same employer.

 

[seanmcint]

It doesn't matter if your employer is Kenyan or British. You have to wait until you are returning to UK, and then sponsor your wife for her visa. You will be applying under Cat A, sponsor living overseas and is returning to UK, under Cat A. Only complete the sections relating to Cat A, not B.

sorry for mixing cat A and Cat B.

I totally get that I can't sponsor my wife until I return. That has always been the intention.

So, do I then leave the job offer section blank or do i enter my present employment there as well, with my settlement date as the start date?

 

[Joppa]

Yes, though I haven't looked at the form (too late!)

 

[seanmcint]

Yes, though I haven't looked at the form (too late!)

sorry for mixing cat A and Cat B.
So, do I then leave the job offer section blank OR do i enter my present employment there as well, with my settlement date as the start date?

Sorry, lol, yes leave it blank OR yes enter present employment.
it was late as you said and you deserve a knighthood anyway for your patience.

 

[Joppa]

Yes, enter your current job as your job offer in the sense that you will be continuing your employment after your move back to UK. Attach a covering letter to explain the slightly complicated situation.

 

[seanmcint]

Yes, enter your current job as your job offer in the sense that you will be continuing your employment after your move back to UK. Attach a covering letter to explain the slightly complicated situation.

Thanks Joppa.

Sorry that this was such a long thread but very much appreciated...