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EEA2 and the overseas secondment of the EU spouse

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Carlitos
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Posts: 7
Joined: Fri May 18, 2007 3:55 pm

EEA2 and the overseas secondment of the EU spouse

Post by Carlitos » Tue Jan 20, 2009 11:16 pm

My wife is a Finn working for a UK business and I am a Canadian working for a UK business. I started working for the UK business first through a work permit and then I later obtained an EEA2 residence card as my wife is exercising her EU rights in the UK. I now enter the UK on the EEA2 residence card.

I have learned that my wife's employer may be sending her for a 6-12 months temporary secondment to Dubai.

Will this endanger my EEA2 status to continuing residing and working in the UK? Presumably my wife will be returning to the UK often to be with me but for all intents and purposes will be working outside the UK for those 6-12 months, and our home is, arguably, here in the UK and my wife intends to return to the UK to reside after the temporary secondment.

If the EEA2 is endangered, what then are my options?
Should I apply for another visa? Is Tier 1 possible for me? What is the process?
Should my wife have a shorter secondment? Does the temporary nature or duration of the secondment make any difference to determining her "residency" within the UK so that it doesn't affect me?

Any guidance or insight on these facts would be helpful!

86ti
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Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Wed Jan 21, 2009 8:39 am

Article 3, (2c) of the SI 2006/1003 may be in your favour.

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