Is it possible for an international couple to navigate the Spouse Visa application process where one or both of them work remotely? When comparing this setting to how spouse visas work traditionally, are there similarities or distinctions in the requirements and application process?
Usually, one of the partners (who is usually the British citizen or UK-resident), needs to prove that they are gainfully employed in a physical location or have enough money to sponsor the whole process.
Some requirements of the spouse visa require the couple to show proof of relationship such as living and travelling together, shared history, tenancy agreement, photos together and testimonials from family and friends.
Now that companies prefer to hire skilled professionals from around the world, most people do not meet their other half in physical locations anymore but in digital spaces such as dating websites or apps.
How then will they successfully navigate the UK spouse visa applications and immigration policies where it concerns certain requirements?
This article will help you understand how remote work is changing immigration dynamics plus the challenges and opportunities for UK spouse visas in this remote work era.
A Quick Overview of the UK Traditional Spouse Visa
Also known as a Family Visa, the UK Spouse Visa allows British citizens or those with settled status in the UK to bring their partners from outside the UK to live with them.
To qualify for this visa, you need to prove that your relationship with your partner is genuine and not just for immigration purposes. You can show evidence of this by showing evidence such as communication, financial support, and shared accommodation.
The couple need to meet the financial requirement for this visa either by combining their salaries, savings, investments, through sources like property rental or the sponsoring spouse handles that alone.
Note that you must be 18 years and above, and must have met your partner in person at a certain point in the relationship. Both parties must prove that they are single and intend to permanently live together in the UK through this visa.
The non-British partner can either extend his/her visa or apply for Indefinite Leave to Remain and eventually British citizenship after 5 years in the UK on this visa.
Although it is not a requirement for a UK spouse visa applicant to have a physical work location, it is usually ‘assumed’ that he/she has a physical job and residence in the country.
Where they are both remote workers and this ‘assumption’ cannot be proven, how do the couple prove that they have a job and physical residence in the UK?
How Remote Work is Shaking Up the UK Spouse Visa Landscape
With the advent of remote work and freelancing, anyone can work for as many organizations/clients as they wish to from anywhere in the world. It becomes a challenge where the individual needs to prove that they have steady income while applying for a visa.
Usually, the couple may be asked to present an employer’s letter confirming the position, the nature of the work and the start date within 3 months of being employed, but where the individual does not have a specific employer, how do he/she prove this?
Continuously, where he/she receives payment in different currencies from different clients, how does he/she compile this earnings to present a bank statement that meets the financial requirement for the UK spouse visa?
Most remote workers are digital nomads which means they get to change locations as often as possible while working remotely, how then will they answer the ‘Where do you reside?’ question from the immigration authorities.
To navigate the above challenges, the couple can ensure that their remote work arrangements are clearly documented, that they receive their earnings in one account (or convert the earnings to the local currency of their home country), and that they intend to live together permanently in the UK.
The Challenges and Opportunities for UK Spouse Visas in the Remote Work Era
Although the remote work trend began in 2020, immigration policies are yet to catch up with the realities of this work pattern. There are many imbalances that the immigration authorities find it difficult to understand which can cause major challenges for applicants of UK spouse visa.
Firstly, due to lack of in-person interaction, the couple may be unable to prove genuine and subsisting relationships. Also, where the organization or clients they are working for do not base in the UK, they may not be able to prove their intention to permanently reside in the UK seeing that there is nothing tying them to that location.
With traditional employment, it is easy to show salary history and a consistent inflow of money in a particular account from the organization the applicant works for. However, with remote work, the inflow of cash is neither organized nor consistent, hence the difficulty in proving financial stability.
Continuously, digital evidence such as social media posts, shared bank accounts and online communication, is not enough to convince the immigration authorities that the relationship is real as they can be subject to manipulation or interpretation.
For a country that is meticulous with tax payment, how do the couple prove that they are fulfilling their tax obligations to the UK where they work for a company based outside the UK?
While these difficulties abound, it offers opportunities to both the UK government and the applicants. Firstly, seeing that the remote work trend is here to stay, it can push the UK government to become more flexible in creating visa options for international couples.
Having workers who earn in different currencies living in the UK can contribute immensely to the economic growth of the UK. If they have the option to work from anywhere in the world and they choose the UK, then it is a win for the UK government.
Also, where the policies of the UK government is flexible for remote workers, it can encourage more talented individuals to enter the UK which can give the country access to global talent.
It is considered unfair to deny couples who are in love and wish to build a life together the opportunity to do that just because they do not meet traditional employment requirements that are prone to adjustment.
also read: Virtual Staging vs. Traditional Staging: Which is Right for Your Home?