YJMalmsteen

Hi everybody,

Due to various family issues, we have decided to move back to UK after 10 years in Canada. We have already sold our Canadians house and transferred the money back to our UK account and are going through the process of buying a house in UK, at the building survey stage atm. I work in the Middle East as well and just left to go back to work, which complicates matters. Our son (28) is now an Officr in the Canadian Army, so will be staying, but our daughter will be staying in a rental (which is under our name) until September, when her job finishes, again complicating things.

I therefore have a few questions that you may be able to answer:

1. I will probably have 2 shipments of my personal household items - 1 soon when my wife and I move back and in October when my daughter returns with the last of our stuff. Can I put everything on 1 TOR1 form even though there’ll be 2 shipments 6 months apart?

2. We’ve been married 30 years this year, 20 years together when I was serving in the British Army, living in the UK (various places), Cyprus, Germany, Kuwait. She is German but worked in UK, had/ has a NI number, has quite a few years NI contributions but never got a UK citizenship (no reason just didn’t need to). Will we have any issues moving back to UK, bearing in mind Brexit? I believe as an ex-Army spouse we may be able to get assistance but I’m not sure.

3. As we won’t be UK residents until we actually move back but will be buying our house beforehand, will we have to pay non-resident Stamp duty new claim it back later on?

I’m sure I’ll have more questions but these’ll do right now. Cheers in advance!
Jim

christmasoompa

With regard to no. 2, my understanding is that as long as you move before 29 March this year, your wife won't need a visa. After that I think she will, but a search of the forum will bring up more info. Hopefully the lovely BritinParis (our forum pro) will be able to advise if he sees this thread.

And you'll have to pay the non-resident stamp duty, but can claim it back once resident. https://www.gov.uk/guidance/apply-fo...-tax-surcharge

Good luck.

YJMalmsteen

Thanks for the reply. I am overwhelmed by the bureaucratic language on the gov.uk website and still have no idea what we need to do to move back to UK, compounded by the fact that I am not with her in Canada but away working in Israel. Which visa? Timelines? etc

We probably won’t be able to return to UK before about April so the March thing is out of the window. we had presumed that seeing as we had owned a UK house, still have UK bank accounts, she has a UK NI number and accrued part of a pension, lived with me for 20 years in UK (or abroad as a a military dependent) and we have now bought a UK house, somewhat precluded the need for a visa.

time is getting short and I am dying of bureaucratic overload!

Help!

Jim

christmasoompa

I'm really sorry, but if you move back in April I don't think any of the things you've mentioned will make a difference, AFAIK you'll need to sponsor your wife for a visa unfortunately. But I'm going to move this to the immigration section of the forum, where hopefully the forum pros will be able to advise you better.

Here's info on the spouse visa - https://britishexpats.com/wiki/Spouse_Immigration-UK_

And here's info on the EU settlement scheme that I *think* would be relevant if you could possibly move earlier - https://www.gov.uk/family-permit

Hopefully somebody else will confirm if my understanding is correct, or tell me I'm completely wrong (I hope for your sake I am, and your wife doesn't need a visa after all!).

Best of luck.

SanDiegogirl

The following is an article defining what are the EU Family permit and the EEU settlement schemes in (in my opinion) a much clearer way than the various Government websites.
https://www.drummondmiller.co.uk/new...-applications/

From the explanation I do not see that the OP qualifies for either of these applications. He and his wife have been living in Canada for 10 years. In addition, apart from the Surindher Singh process (which again the OP does not qualify for) there was the cut off date for the Brit Citizen to be back in the UK by Dec 2020.

It is my understanding that the OP needs to apply for a spouse visa for his wife. Having a house/accounts in the UK is not relevant.

If I have misunderstood the situation then hopefully another forum member will contribute........ (as this EU settlement scheme is the most complex I have seen in a long while)

SanDiegogirl

we had presumed that seeing as we had owned a UK house, still have UK bank accounts, she has a UK NI number and accrued part of a pension, lived with me for 20 years in UK (or abroad as a a military dependent) and we have now bought a UK house, somewhat precluded the need for a visa.

...... but you have lived in Canada for 10 years and with Brexit EU citizens no longer have freedom of movement to live and work in the UK.
As your wife left the UK 10 years ago without taking out citizenship, she is now in the same position as, say, someone who had Indefinite leave to Remain in the UK but then left without taking out citizenship. After 2 years that status lapses.
I know a couple (one US citizen and one UK citizen) who bought a property in the US many years ago. She (the UK citizen) can only spend up to 90 days there, as owning a property does not give her permanent residency.

christmasoompa

I think you're right unfortunately, I was hoping that their previous stint in the EU might count for something, but not if they've been in Canada for 10 years it would appear.

So looks like definitely a spouse visa for the OP's wife.

YJMalmsteen

Thanks for all your answers. We will actually be arriving back in UK on 25th March, so does that change anything?

christmasoompa

Unfortunately not, as above it seems your previous time in the EU doesn't count unfortunately, as you've been in Canada for so long you do have to sponsor your wife for a visa. Not sure your wife will have her visa by the end of March btw, so you might need to go with your original plan of April (and apply asap!).

Best of luck.

SanDiegogirl

No, your wife will need a visa to live in the UK ....