Stay out UK for 2 Years holding a resident card eea2

[rvalk]

Hi, Everyone !! I'm Hungarian and my husband is Brazilian and we are living im UK for 1.5 years already.
We have a 7 years old son as well (Brazilian/Hungarian dual just like me).

My husband holds a resident card EEA2 with me as sponsor. It's still valid for 4 years.

I've plans to go to an university in Toronto, so we will stay away from UK for 2 years. I don't know the consequences...For example:

1) Can we stay out for 2 years and get into the country with the RC of my husband ?

2) In 5 years he need to apply for a EEA4..what is the consequences ? Basically this will be 2 years exercising my threat rights in a different country. Can he apply again for a EEA2 ?

3) What about Tax Return ? Should I continue to fill the form ?

I'm really confuse. In theory we are UK residents, but I need to study abroad and my family will stay with me.

ty !

[noajthan]

Hi, Everyone !! I'm Hungarian and my husband is Brazilian and we are living im UK for 1.5 years already.
We have a 7 years old son as well (Brazilian/Hungarian dual just like me).

My husband holds a resident card EEA2 with me as sponsor. It's still valid for 4 years.

I've plans to go to an university in Toronto, so we will stay away from UK for 2 years. I don't know the consequences...For example:

1) Can we stay out for 2 years and get into the country with the RC of my husband ?

2) In 5 years he need to apply for a EEA4..what is the consequences ? Basically this will be 2 years exercising my threat rights in a different country. Can he apply again for a EEA2 ?

3) What about Tax Return ? Should I continue to fill the form ?

I'm really confuse. In theory we are UK residents, but I need to study abroad and my family will stay with me.

ty !

1) Note: Continuity of residence in UK (under EU rules) is not broken in EU law by absence of less than 6 months per year.
So your proposed move to Toronto for 2 years will terminate your current residency in UK.

2) Toronto is not in an EU country so studying in Toronto is not classed as exercising treaty rights as an EEA national & qualified person;
time in Canada will not accrue towards PR in UK.

In 2 years if you return to UK you will be reentering UK afresh, with your PR clock reset to zero.

3) If not resident in UK & not earning income in UK it does not make sense to submit a UK tax return.

Note: a RC is not a 'visa'.
It indicates residency status at the time of issue.
If conditions change it can become invalid even if the nominal expiry date has not been reached,

Good luck with your studies,

[noajthan]

See a HO response to an enquiry about absences by a holder of a RC:
http://www.immigrationboards.com/eea-ro ... l#p1037352