I cannot say for sure but according to following statement written by a member of this forum you can:
4) You have every right to leave the country and come back while your EEA2 application is in progress. You have every right to leave the country and come back even if you don't do an EEA2 application. The Home Office will not tell you this, the people on these boards aren't sure, but I read the laws and regulations, I read the Home Office immigration manuals, and I've done it. It's perfectly legal and perfectly within protocols. BUT, you must be able to prove you are married and/or family member of an EEA national and that the EEA national is exercising treaty rights, which means you essentially need to have all the documents that you sent as part of the EEA2 application sent back to you and you need to have them while you are crossing the border. Also it's advised to be travelling with your family member, if that cannot be the case, make sure they're available to take a phone call. As has been said on these boards before, you are almost for sure going to be inconvenienced. I waited 2 hours to try to cross the border this way. The border guards pulled up my EEA2 application on the computer, found that it had been rejected (which was news to me), called my partner and after 2 hours finally admitted me in on a Code 1A stamp. It's a lot of hassle, but once you have the Code 1A stamp you can come and go as you please and you will not be stopped at the border as long as its still valid (the Code 1A stamp SHOULD be good for 6 months, in my case it wasn't because my application had just been rejected so they were a little suspicious and only gave me 2 months). It's quite stressful and it's 2 hours of your life wasted, but it'll probably take less of your time and energy than getting the EEA family permit to cross the border.
5) If you are travelling abroad you DON'T need to do the EEA Family Permit to get back into the country. Despite what the Home Office will tell you. The Code 1A stamp can and must be issued to family members of EEA nationals who are travelling with their family members or coming to join the EEA national in the country regardless of whether they are coming to the UK to live permanently or not, so long as they are able to prove they are family members (marriage certificate), can prove their ID and that of their partner (passport and EU national ID), and can prove the EEA national is exercising treaty rights. This means if you want to make a quick trip to Spain and don't have time to visit the UK consulate to get the EEA Family Permit, you are perfectly able to.
Source:
http://www.immigrationboards.com/viewto ... start=6640
