Moving to NI from GB Visa Question

Wasn't sure what thread to post this under so apologies if its the wrong one.

I was wondering if anyone recently has relocated from GB to Northern Ireland while on a FLR [M] Visa.

My husband has a job offer in Dublin thats willing to help us relocate to NI. Mainly due to my visa status. Am I right to assume that my visa wont be affected if I move to NI? I know with brexit everything is muddled and it has me questioning. We've just come so far and my ILR can be processed in 2024. Don't want to muck that up by overlooking somthing.

I still need to pass the life in the UK test, and am hopeful to apply for dual citizenship in 2024. Any insight as to what I could expect with this move would be great. Im probably really overthinking this.

I think you may be confusing Ireland and Northern Ireland here.

Dublin is not in Northern Ireland (NI), it’s in Ireland... they are 2 separate countries.

Northern Ireland is part of the UK, which means if you were actually to move there (i.e. to Belfast) it would just be like moving from England to Scotland or Wales... you wouldn’t need a new visa as your FLR(M) would be valid there, and you could just qualify for ILR from Northern Ireland.

However, if you are moving to Dublin, that’s in Ireland (which is not part of the UK), so you will need to apply for an Irish spousal visa to move there.

Unfortunately though, if you leave the UK and make Ireland your permanent home, you likely will not able to qualify for ILR in 2024... because to qualify for ILR, you have to prove that:
- the UK is your primary residence and you spend most of your time living there
And
- you and your spouse have lived together for the entire length of the visa

If at all possible I would continue living in the UK until you qualify for ILR and citizenship, and then consider a move to Ireland in 2024/2025 once you have citizenship.

See here for how to qualify for a spousal visa for Ireland:
https://www.citizensinformation.ie/en/government_in_ireland/ireland_and_the_uk/residence_rules_UK_citizens.html#


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I still need to pass the life in the UK test

You'll find that test is quite picky about all the names for all the parts and combinations of parts of the UK.   

[Added edit at bottom of post.]
Sorry I should've been more clear.
Im aware that NI and Ireland are different.
The new company is based in Dublin, but they are willing to help us relocate to Newry, Northern Ireland so that my visa wont get voided. Until I go for citizenship [as I always wanted] we'd stay in NI with my husband commuting back and forth across. Job permitting of course.

I guess I just wanted some outside insight if this move would realistically be worth it. If my visa wont be affected by staying in NI, is there some hitch that we'd run into by my husband being employed by a company in Ireland while residing in NI? From what they've told him they couod put him on an an independent contractor for a few years til vusa is settled.

[We have talked to the employer again and have confirmed more details. They've given us a week to consider.]

EDITED RUNDOWN:

-Job is based and headquartered in Dublin, Ireland
-They have offered well over £18,600 salary, which will be paid in €.
-We will be assisted with relocating to Newry, Northern Ireland so my husband can commute easier to Dublin a few days a week. [No longer than 125 days in and out a year]. With remote work for same company during other week days.
-My husband will be employed as a independent contractor, via an agency for said company, so I can stay on current visa path.

My main questions are:
-Will my husband have to sign up as a self employed sole trader? [LLC]
-Sections F and G of the financial requirment only state 'Self-employment or Director or
employee of a specified limited
company in the UK' however the company is not based in UK.
-He would have a set salary, but will need to invoice the company every month for payment. Would this mean we cannot use 'Salaried and non-salaried employment
Category A: With current employer for 6 months or more –
person residing in the UK' during ILR application?


I hope this was all clearer. Apologies.

 

Hello all,
I didn't want to post a new thread since I feel like that would be against forum rules since the topic is still visa requirement related.

Ive read through the guidance about self employment requirements, and feel like category F would fit my ILR situation.

[Husband employed as Self-employed Sole trader starting from Nov. 2021, working cross border in NI & remote, by a Dublin based company]

However im stumped as to if him invoicing the company monthly in Euros, then them sending him payment in Euros [Which will be converted by bank into £] into our personal joint account monthly will be a problem.
I understand the guidance brings up monthly payments needing to match deposits, however only the invoice and payment in Euros will match, whereas the bank statement will show the deposit in pounds.

Hello all,
I didn't want to post a new thread since I feel like that would be against forum rules since the topic is still visa requirement related.

Ive read through the guidance about self employment requirements, and feel like category F would fit my ILR situation.

[Husband employed as Self-employed Sole trader starting from Nov. 2021, working cross border in NI & remote, by a Dublin based company]

However im stumped as to if him invoicing the company monthly in Euros, then them sending him payment in Euros [Which will be converted by bank into £] into our personal joint account monthly will be a problem.
I understand the guidance brings up monthly payments needing to match deposits, however only the invoice and payment in Euros will match, whereas the bank statement will show the deposit in pounds.

Have you looked to see if IR35 applies? The UK are stopping the tax dodging from those who are really employees and from those employers who give contracts to these people.
https://www.which.co.uk/news/2021/03/ir35-tax-change-for-the-private-sector-begins-on-6-april-2021-will-you-be-affected/

Not sure how it would apply when they live in the UK and carry out the work in the UK, for an end client in another country.  You might want  to go on forums where those that will have to now pay their full taxes, will likely know. Some on there will likely know how to bill an end user if paid in a foreign currency when the contractor resides in the UK.

The Republic of Ireland is a tax haven and the EU (and Biden too) are putting in plans to stop this to ensure these companies pay taxes in the country where they sell their goods/pay additional taxes to the US if they are a US company. If he is working for one of these companies, he might want to look into what that will mean for his job.

Have you looked to see if IR35 applies? The UK are stopping the tax dodging from those who are really employees and from those employers who give contracts to these people.
https://www.which.co.uk/news/2021/03/ir35-tax-change-for-the-private-sector-begins-on-6-april-2021-will-you-be-affected/

Not sure how it would apply when they live in the UK and carry out the work in the UK, for an end client in another country.  You might want  to go on forums where those that will have to now pay their full taxes, will likely know. Some on there will likely know how to bill an end user if paid in a foreign currency when the contractor resides in the UK.

The Republic of Ireland is a tax haven and the EU (and Biden too) are putting in plans to stop this to ensure these companies pay taxes in the country where they sell their goods/pay additional taxes to the US if they are a US company. If he is working for one of these companies, he might want to look into what that will mean for his job.

Thanks for the insight Sirius.
Talking to an accountant, he told us that it seems my husband would be outside IR35, only until the company employed more than 50 people. The company has told my husband they are aiming to be above that come next year.
Because of this, its a weird limbo. With the accountant saying Sole trader would be best tax wise, but also saying possibly going through an Umbrella Company will be best in terms of them deducting all nesessary tax [and being classified as employed under Category A for my ILR visa] and recieving payments from € to £? However this would be the tax heavy route, but doing est. Calculations still puts us over the £18600 annual. (±€6667 mo. Or €80k annual as stated on contract)

Ill do my best trying to find those types of tax forums. Ones I have stumbled across aren't quite in my certain situation and dont need to worry about invoices and bank statements showing the same £ amounts.
If it helps, The company has told my husband he would bill them in € on first of month, and they would then send him relevant payment directly to his bank account which would post in £.

For the visa, your husband will need to register as a sole trader and file all the required documents annually to be able to continue to sponsor your visa.  Do NOT underestimate how big of a challenge this will be.

He will need to be employed for at least one full financial year (U.K. tax year) which is from April 6 to April 5.  If he doesn’t have a full year of accounts, he CANNOT sponsor you.  It is truly disastrous for some couples who don’t realise this prior to switching to self employed.

Two other options:
1.  If YOU earn £18,600 per year through traditional employment, you can completely exclude the self employed income and essentially sponsor yourself.
2.  Cash savings of £62,500 held for more than 6 months prior to application.

As you are a long way from ILR, I would simplify life and take up proper Irish residency.  Reapply the U.K. visa if you relocate back to the U.K. 

Thank you for all the advice.
Just wanted to update this thread as my husband and I have decided it would be best to delay the Ireland job transfer. It was too much of a risk towards my visa, and frankly the company in Ireland ended up sugar coating how much they were actually going to help us with relocation to NI.
All in all things are back to a form of normal. Its been a hell of a month ha.


This thread can be deleted if able.

Oh I’m so sorry that it wasn’t what you two had hoped.  But thankful you know now and haven’t moved your lives!  Big hugs!