UK citizen with Canadian partner & child.

[Dubvibe]

I am a British citizen with a Canadian partner, we have a five year old
(Canadian born) daughter and at present we are in the UK. I have found out
that my wife and child can't get their visitors visa's extended so we are
looking at moving to Spain where we have a place to live.
Is there a way we can move there and get my wife and child Spanish residency
without having to send them back to Canada and split up our family.? What
are our option for staying in the EU without having to return to Canada.?
Thanks for any help you can give... we have to leave the UK in a few weeks
and we are confused as to what our options are....

[Casa]

You can apply for a resident permit from Spain. Bear in mind that if you intend to return to the UK under the Surinder Singh ruling you will have to show that you have 'moved the centre of your life' to Spain. This will involve working, paying local taxes etc and will probably require 6-12 months of residence. Do you have a job offer there as (from experience) Spain currently has extremely high unemployment, even for Spanish nationals and the benefits for family are poor.

[Dubvibe]

Does that mean my partner and child can come to Spain with me and not have to leave after 3 months if we do the paperwork.?
I have a job that I do remotely (medical transcriptionist) for a company in Canada, does that count as working in Spain..? If I am physically in Spain when doing the work does that count as being employed in Spain..?
cheers D

[Casa]

To your first question, yes. They will need to apply (once they're in Spain) for Tarjetas de Residencia de Familiar de Cuidadano de la Union (Residency cards for family members of EU citizens). I''m not 100% sure about qualifying if you're not employed in Spain to return to the UK under Surinder Singh as this route has become much tougher, wait for response from members who have more knowledge on the regulations. As far as living in Spain here's the link with info you need.
https://www.gov.uk/residency-requirements-in-spain

[Dubvibe]

To be honest I'm not too concerned about the SS route, it will likely be what we have to do somewhere down the line but at this point in time I would be happy to just be able to keep my family together here in the EU as opposes to having to have us separated for months. We are I supposed rather lucky that I have Canadian residency otherwise we might have ended up like so many couples separated for months at a time.
So you seem pretty confident that we will be able to go to Spain and stay there..? They won't try and send them back to Canada..?

[Casa]

No. If you follow the registration process you'll be fine.

[Dubvibe]

Thank you very much for your help, have a great day

[Casa]

Enjoy your life in Spain. Buen viaje!