UK work visa for non-EU citizen married to EU citizen

[montyman]

I have read and understood the requirments for a non-EU person to work in the UK through their EU spouse. My question is this: once the EU spouse establishes residency in the UK and the non-EU partner recieve permission to stay and work, if the EU spouse then leaves the UK, can the non-EU partner stay to work? As well, can the non-EU partner move back and forth with the EU partner?

[Kayalami]

Existing case law e.g. Baumbast shows that non EU nationals who are dependents of EU nationals exercising treaty rights in the UK and thus having a residence permit can continue to reside and work in the UK even if the EU national spouse leaves the UK. Holding a residence permit is prima facie evidence from the Home Office that you are a beneficiary of EU treaty laws on the freedom of movement - you are free to enter the UK at any time during the validity of the residence permit or similar endorsment on your ppt usually 5 years with or without your partner. Note that absences from the UK will be considered for both ILR and naturalisation applications.

[seda_btcd]

Do you still need to be living together with EU citizen spouse after the 5 year period to apply to ILR? Thanks.