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EEA spouse leaving UK temporary

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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CharlotteCorday
Newly Registered
Posts: 15
Joined: Thu Jul 12, 2012 1:30 pm
Location: HU
Spain

EEA spouse leaving UK temporary

Post by CharlotteCorday » Sun Aug 25, 2013 2:02 pm

Hello all! :)

I have some doubts regarding my right/possibility to stay in the UK if my husband (EEA citizen) goes to his country of origin during 1 year.

Here's the background of our situation:

We got married on July 2012 (in his country), I joined him in the UK in September, applied for EEA2 and received RC on the 7 of February 2013 (valid until 2018). Everything very straightforward, no problems at all. The relationship is good, we are happy. Recently I've became self-employed and am working on my career development here. So far, so good.

My husband made the decision of changing career path, so apart from working he's been attending courses, etc. Recently, he received an offer to go to his country of origin to get some training. The duration of this training is 6 weeks, but then he should stay for 1 year working at the company that provided the training. He would like to do that and then return to the UK.

So, I have two questions:

- Can I stay in the UK and keep working, etc, if he's going to be away during 1 year?

- If we move together, what could happen when we come back? Would my RC still be valid or would we need to re-apply for EEA2?

Additional information: My husband is Hungarian, came to the UK in October 2006, went back to Hungary and stayed there from June to November 2007, when he returned to UK. He's lived here ever since, been working for the same company for 5 years already. If he gets the confirmation of his PR, would it make things easier?

Thank you very much in advance for your advice!

eldane
Member
Posts: 184
Joined: Tue Jan 06, 2009 3:32 pm
Location: Milton Keynes, UK
Mood:
Denmark

If we move together, what could happen when we come back?

Post by eldane » Sun Aug 25, 2013 7:40 pm

Good intentions are appreciated but results are what matters..

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Aug 25, 2013 9:27 pm

You may well be fine, if he was residing in the UK, in accordance with the EEA regulation since 2006. His absence may not be an issue, as far as the law is concerned, although i can envisage a restrictive reading of Regulation 15(1b)
Smooth seas do not make skilful sailors

CharlotteCorday
Newly Registered
Posts: 15
Joined: Thu Jul 12, 2012 1:30 pm
Location: HU
Spain

Post by CharlotteCorday » Fri Aug 30, 2013 9:03 am

Thank you very much eldane and Obie!

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