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Right to live/work in UK if EEA spouse leaves UK temporarily
Posted: Sat Sep 24, 2011 6:02 pm
by ccsimms
Er... If I am Canadian, which I am, and my wife is Italian I am apparently entitled to an EEA.
Am I correct that she has to be in the UK at all times if I am to work? What if she has to leave foor a week or two - do I have to stop working?
Thanks
Posted: Sat Sep 24, 2011 6:23 pm
by Lucapooka
She has to be in the UK exercising EU treaty rights for you to have permission to live and work in the UK but is allowed to take the usual range of trips or vacations outside the UK (with or without you).
Posted: Sat Sep 24, 2011 6:52 pm
by ccsimms
Thanks!
Anyone know how many times per year, or how long the EEA national (my wife) can leave me working in the UK alone.
Posted: Sat Sep 24, 2011 7:38 pm
by Directive/2004/38/EC
I love the title of this thread. I expected you wanted to "leave your wife"....
The answer is complicated and simple at the same time.
As long as your wife continues to be legally resident in the UK, then you have the right to be there and work. She remains resident if she satisfies these conditions:
http://eumovement.wordpress.com/2011/09 ... eed-to-do/
If she has been working in the UK for less than 5 years, then most likely she can be out of the the UK for up to 6 months without loosing her residence.
If she has PR, then she can be away for up to 2 years.
Posted: Sat Sep 24, 2011 8:46 pm
by geriatrix
Directive/2004/38/EC wrote:I love the title of this thread. I expected you wanted to "leave your wife"....
Amended.