EEA2 partner outside, now back. Questions at airport?

[Ajudante]

My partner was granted a EEA2 visa. 2 years later he had to go back to work his country, where he stayed 1.5 years. He will come back soon. Any ideas on what questions they will ask at the immigration?

He was here already for holidays a few months ago and at the airport they asked him basic details such as my name, date of birth, date of our partnership, etc. They also called me to confirm if details matched.

What else can they ask this time? I guess they have all sorts of tricks to find if a relationship is genuine or not. My mother's maiden name? My favourite ice cream flavour?

Would it be acceptable for my partner to show the immigration office his E-mail account, showing that we've exchanged more than 1000 Emails during this time??

Most important of all, can they refuse entry? His visa is valid until mid-2013.

Thanks

[Obie]

I believe the residence card my be invalid as he has been away for more than 6 months. He may need to apply for another EEA family permit or Residence Card when he enters.

[Ajudante]

Obie: Thanks for the reply. I believe the residence card does not become invalid when the non-EEA family member with EEA2 is temporalily away. It only becomes invalid if the EEA person ceases to exercise EU treaty rights in the UK. However, as far as I know, the 6 month maximum absence does apply later on, when the non-EEA member applies for the EEA4. Anyway, nothing happened at the airport, apart from the usual questions.

[Directive/2004/38/EC]

I believe the residence card does not become invalid when the non-EEA family member with EEA2 is temporalily away. It only becomes invalid if the EEA person ceases to exercise EU treaty rights in the UK. However, as far as I know, the 6 month maximum absence does apply later on, when the non-EEA member applies for the EEA4.

Legally the 1.5 year absence is relevant during the initial 5 year period of residence. You're partner's clock is now reset for getting PR.

BUT, if you are the EU citizen and you continue to work, then the non-EU spouse continues to have a right to be with you and to enter the country. UKBA can ask them questions at the airport, but mostly focussed on whether you are still in the UK legally, and whether the relationship is ongoing (though that is not allowed if you are married).

Further, the RC is just a document that confirms that the holder is a family member of an EU who is exercising treaty rights in the UK. So it is unclear if the RC itself is now valid or invalid.

[EUsmileWEallsmile]

It is correct that for the purposes of permanent residence continuity of residence would be broken if non-EU family member was away for more than 6 months (or a year under the special provisions). Their PR clock would be reset.

If the EU national continued to exercise treaty rights and lived in the host member state while the non-EU family member is abroad,then the non-EU family member would still have right of residence.

[Obie]

It is necessary to draw a distinction between right of residence and confirmation of right of residence. A residence card simply confirms the existence of a right, it does not confer a right.

I never said OP's wife will not have a right of entry or residence for that matter. I simply stated that the document confirming the existence of this right is invalid.

Article 11 of directive 2004/38EC states that the validity of a residence is affected by an absence of 6 months or in exceptional cases 12 months.

The continuity of residence and the validity of Residence Card are closely related terms but not the same. They deal with 2 different issues.

The fact that OP was staying in the UK does not make the Residence Card Valid after the relevant 6 or 12 months has elapsed.

Immigration officers are usually unaware of the length of absence of non-EU national. If they were aware, they will be justified to revoke Residence Card and grant entry under code 1 A.

[EUsmileWEallsmile]

Small differences in words...it says "shall not be affected", but does not say "shall be affected" by absences, etc.