can non eu spouse stay in host state without uk spouse

[cat_reversing]

I'm UK citizen , husband non eu. If we lived in a schengen area country and i was exercising treaty rights by working, what happens if i need to return to the uk for a few days for family medical matters, i support a family member in the uk who is undergoing medical treatment and i may need to come back to be with them for a few days for hospital appt etc. Can my husband stay in host state those few days without me, if it is my intention to return to live in host state. My husband cannot come to uk at the moment so we couldn't travel together.

[Jambo]

As long as you are exercising treaty rights, family members can reside in the host country. You are not required to physically be there 24/7. As long as you don't break the residency (up to 6 months absence is allowed), your family member residence status is fine.

[cat_reversing]

Thanks for the info. Could you let me know where you got the info from in case i need to reference it in the future, thanks.

[eldane]

Thanks for the info. Could you let me know where you got the info from in case i need to reference it in the future, thanks.

http://eur-lex.europa.eu/LexUriServ/Lex ... 038:en:NOT

Chose the language and file format. Look for article 11 section 2.

The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

[cat_reversing]

Thanks for the link.