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Hi, I'm EEA and my wife is japanese.
On 16/01/2017 she applied for a residence card. On 01/02 she asked to to get her passport back and received it on 25/02.
On 11/03 we both flew to Australia to attend a wedding of close friends (that is why we asked the passport back). We came back on 20/03 and had some trouble at the border. The officer was angry at us and said my wife should not have left the country for not urgent matter. She (the officer) ended up letting my wife enter the country and gave her a stamp on her passport "Admitted to the UK under EEA regulations for 6 months". She also told us that my wife should not leave the country until she gets her Residence Card. Basically she was saying that she was giving us a favor and should not have let my wife re-enter the UK. It is really annoying because it means we can't do any trip outside the UK for maybe as long as 6 months.
FYI, my wife entered the country in september 2016 with a EEA family permit which ended on 04/03/2017.

I thought my wife was entitled to the same rights as me, an EEA exercising treaty rights.
Also, because she got her passport back, we understood it as she was now free to travel.

Is there nothing we can do? Is my wife stuck in the UK until she gets the Residence card?

Thanks,
J

11(4) is the relevant regulation in these circumstances. It's unfortunate that people become angry so easily.

Hi Vinny,

I read the link in your comment and noted the same applies to the non eea person when they have retained residence rights. Have i understood it right? i mean non eea could travel purely due to work reasons when his or her ROR application (residence card) is under review.

Thanks

I think 11(4)(d) would cover retained rights. However, they may need more documents, with respect to 10.

Thanks Vinny.

After reading up on both 11(4)d and section 11, am i correct to understand that when the NON EEA cease to be the family member and has applied for the ROR, he or she could travel while ROR with UKVI is pending, however may need more documents as an evidence of his or her status.

May i politely check that by documents you mean NON EEAs documents which will be evidence of him or her being a qualified person?

Thanks

Regards