EEA4 when can I apply? (special circumstances)

[olivesummer44]

Summary:
My husband is Norwegian, he has been exercising treaty rights since 2009 and we have been living together since.

My questions are
1. when can I apply for Permanent Residence Permit?
2. what documents would be acceptable for UKBA for the special circumstances that he works in Norway but lives in UK (see last entry of the time line for details)?

Time line
Feb 2009 - Moved into a London flat together, he started looking for jobs, I was in London on PSW visa
5th May 2009 - Husband (then boyfriend) started employment in the UK
3rd Jun 2010 - Married in London
8th Nov 2010 - Residence Card issued
28th Sep 2011 - He received a better job offer in the Norway office with the same company, working 4 days in the office and fly back in the weekends. Legally, he still lives in UK and exercises treaty rights, but his heath care insurance and taxes are paid to Norwegian government.

In section 8, his time spent outside of UK exceeds 6 months. How does UKBA review evidence of such?

Should I use section 4: EEA national has left the UK?

*The reason that I stayed in London is because I have a good career, marketing, which heavily relies on language, but I don't speak Norwegian at such level.

[SouthWest1]

As far as I am aware, your spouse does not exercise any treaty rights in UK, especially his Tax and NI contribution is paid in different countries.

Your RC depends mainly on the EU partner and your work does not make any difference here in your case ( you can of course argue if you are "the non EU" is doing a sensitive job or one with shortage in UK) which is not the case here.

Put it this way, if you apply for a PR, a caseworker would expect to see evidence (From UK) of your husband's exercising treaty rights,; which i believe you won't be able to provide.
the only option is for your husband to apply for a PR for himself first and then you can rely on it for your PR application. Based on your below info, I do not believe he is even in a position to apply for PR for himself as he technically worked here from May 2009 until Sep 2011 ( just over 2 years).

I suppose gurus can make more valuable comments/ suggestions if mine are wrong !

[Jambo]

Assuming he commutes on a regular basis (weekly return to the UK) then he would be considered a frontier worker (who exercises his treaty rights).

You should obtain PR status in Jun 2015 (5 years after marriage) and can apply for PR Confirmation using form EEA4 after that date. Proof of employment for 5 continuous years from your EEA partner would be required.