EEA 4 - continuous exercise of treaty rights (exceptions)

[olivesummer44]

Questions about applying EEA 4

I'm the non-EEA family member, have lived in the UK continuously since 2007 Sept, full time working from Mar 2010 - now.

My husband (EEA national) has been a full-time student in Norway since Aug 2012, due to career and financial reasons, I stayed in UK to continue my career, and he commuted between UK and Norway. He has not exceeded 12 months in any one absence.

My questions are, is my husband situation qualifies as continuously exercising treaty rights? If so, when can I apply for EEA 4? April 2015? or June?

History:
2010 April - received COA
2010 June - Married.
2008 Sep - 2011 Oct : my husband (EEA national) Lived and worked (from May 2009) in London, (satisfy regulation 5(2)(b)and(c).
2011 Oct to 2012 Aug - frequent commute from Norway to UK, 2 weekends every months as economically sufficient individual. (employed in Oslo Norway and undertaking vocational training - CFA, hence couldn't return at least once a week, regulation 5(4))
2012 Aug - 2013 Feb commute once a month, he enrolled as a full-time student in Norway till now, hence couldn't return at least once a week, regulation 5(4) (part-time employed to cover expenses for commuting)
2013 Feb to now: commute less frequent, about 10 times in total (full-time student, financial and study reasons)

*Regulation 5 http://www.legislation.gov.uk/uksi/2006 ... ion/5/made

I have found a reference below (2) (c), my husband has not exceeded 12 months in one absence for important reason i.e. study and vocational training

https://www.gov.uk/government/uploads/s ... df#page=10

Continuity of residence
3. —(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.

(2) Continuity of residence is not affected by —

(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;

(b ) periods of absence from the United Kingdom on military service; or

(c ) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting