banku wrote: ↑Thu Sep 27, 2018 6:16 pm
Hi,
My brother {Indian National} who used to live in UK with his EU National wife back in 2010. He had 5 years EEA family member Visa card valid for 5 years.
in 2012 he and his EU national wife moved to Canada as a Permanent Residents of Canada. Now my brother has attained Canadian Citizenship. But his wife still holds her EE passport.
Now they want to move back to UK. We understand that his wife would not have any troubles being EEA national but what would be my brother's status until his wife once again starts a job.
My brother also wants to come to UK and starts working straight away.
Kindly advise.
Many thanks
Since they are married and his wife is EEA national, they both have currently the right to come to the UK and work straight away, BUT they have lost any right to permanent residence they might have acquired in the past, since they moved away and spent more than 2 years out of the UK.
In theory, they can come together and claim entry without the need for a visa for your brother, based on his marriage to his wife (will need to show passports + marriage certificate to the immigration officer and will get an entry stamp for family member) but being an Indian national and thus in need o a visa to come to the UK, it's best of he applies for a Family Permit in Canada, to avoid complications with airlines, which are not always aware of regulations (Now, if your brother has a Canadian passport this will not be an issue).
In any case, best and correct thing to do would be for your brother to apply for a Family Permit to gain entry to the UK (info here:
https://www.gov.uk/family-permit ), then convert to a Residence Card once he's in the UK, which will be valid until December 2020 (info here:
https://www.gov.uk/apply-for-a-uk-residence-card).
Depending on when they plan to come re. Brexit, they might end up needing to apply for Pre-settled status instead (from March 2019):
https://www.gov.uk/settled-status-eu-citizens-families. Even if they go for Residence Card, they will still need to switch to Settled Status after December 2020.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
