Ben in Canada

Hi,

I'm looking to return to the UK. My situation can't be unique, but I am really struggling to find information relevant to me.

I'm British and married my EU spouse in 2013. She arrived in the UK in 2002, firstly as an undergraduate student, then from 2006 as a post graduate student, and then worked in the UK from 2010 until 2015 when we were both offered jobs in Canada. We were married in 2013 and have both been living in Canada since 2015. We now have a Canadian daughter, but are planning on getting her a UK passport.

Neither of us were living in the UK or EU through the Brexit process, but would now like to move back to the UK to be closer to my family. All of the information that we can find is either for people living in the UK or the EU, so any help or advice would be greatly appreciated!

Kind regards,

Ben

BritInParis

Does your wife have a National Insurance number?

Ben in Canada

Yes, and we have both filed UK tax returns every year we have lived in Canada as we rented out our home while we have been away (accidental landlords!)

SanDiegogirl

So wife was living in UK on spouse visa/work visa ?

Ben in Canada

No, no visa necessary. She is an EU national. The issue is that all of the Brexit related allowances seem to require that you are resident in the EU at the moment, which we are not.

SanDiegogirl

Duhhhh.... sorry; read Canada and thought Canadian........

BritInParis

In that case she should apply for settled status from Canada. If she is offered pre-settled status then you should opt to provide the extra evidence to ensure she receives the full monty. Once granted she'll be able to move back visa-free. After three years residence then she'll be eligible for naturalisation which I think she would be wise to consider. You both may wish to take out Canadian citizenship before you leave as well if you are eligible.

https://www.gov.uk/eusettledstatus