EU citizen with Canadian wife - waiting for residency card, left country for Xmas, will she have issues getting back in?

Hope this is the correct forum.

I am a Dutch national. My wife is Canadian. We entered the UK for me to take up a job in October. She did so at the time with a tourist visa (6 months) and the Border Force agent did not ask any questions about her intentions, as she had a return flight for our Xmas trip to Canada at that time, so indicated she would be leaving the country. In November, we applied for her Residency Card via the European Passport Return Service. We have not received it yet (obviously, as it takes 6 months or slightly less).

We are now in Canada for Xmas. Arguably we are also here to see a dying aunt. We are not on the same return flight to the UK. I land back in the UK on Jan 2, she returns Jan 9.

I am concerned about whether she will have difficulty re-entering the UK by herself. She will have around 4 months available as a tourist, but she will be lying to the border guards if she tells them she's a tourist. If she enters again as a tourist, she will probably not get her RC before her visa runs out (which it would around March, while we don't expect the RC until the end of April). If she tells them she's joining her EU husband, I am concerned they will tell her she needs an EEA Family Permit to do so. Regarding the tourist visa, we are happy to have her leave the UK if necessary for a few weeks between the end of her tourist visa and the receipt of her RC. Regarding the EEA FP, we could apply from Canada, but she would need to drive three hours for the appointment, and given the time of year, I really doubt it would be complete by the time of her flight departure (she would have to pick it up on Jan 7 or earlier).

Looking at historical threads, it looks like she might have the legal right to join me in the UK even without an EEA FP, and regardless of the tourist visa situation. She would simply take documents such as our marriage certificate, my employment contract and pay stub, proof that she applied for the RC (case number in email and documents relating to proof of having done biometrics). Would this be enough for her to enter the UK again? Should she expect difficulties? And should we really apply for an EEA FP, even if it means changing her flight?

[There is a really similar situation described at eea-route-applications/travelling-with- ... 14749.html. The difference is that this non-EU/UK national entered with her EU spouse, while mine has to cross the border alone.]

Hoi!

She should be fine stating that she’s joining you if she takes along the documents you mention (marriage certificate, your pay slips, maybe a council tax bill/utility bill with her name on it too?).

Ideally she would also have her certificate of application with her. I don’t know if you’ve already received it.

It would’ve been easier if you’d travelled together, but given that your wife is Canadian I wouldn’t expect too many dificulties. My husband has been given a tourist stamp once upon entry while we were waiting for his RC, but there have been no issues with that. I wouldn’t worry too much.

Best of luck!

Dankjewel!

She will not have her CoA but I suspect it will reach our flat by the time I return, so I will scan it to her and she can print a copy, which will hopefully help. She will have the rest of the documents you mention. Fingers crossed that there are no issues!