Urgent!Possible to Leave the Uk after EEA2 has been granted?

[kayasida]

Hi everyone,
I found this forum immensely helpful during our eea2 application which was relatively straightforward, but now I have a question relating to our plan to spend a year outside the UK. I am a German citizen doing a PhD in the UK and will be spending the second year of my PhD doing research in Africa, and my non-EU spouse would like to accompany me during this time.

My question is whether my absence from the UK for more than 6 moths means that I will cease to exercise treaty rights or whether I would still be exercizing treaty rights as I continue to be registered as a student here and will return after the year? And would my spouse's right to stay in the UK be affected by my absence?

Secondly, would her absence from the UK for more than 6 month mean that her EEA2 permit becomes invalid, or is there an exemption which would allow that she could accompany me?

Lastly, in the case that we would have to apply for a new EEA2 permit for her, would she have the right to return to the UK prior to being granted the new one and thus would thus be able to apply from within the UK?

If anyone could help us, we would be very grateful!
Many thanks in advance,
Robert

[Obie]

You and your spouse should be covered by Regulation 3(2)(c)

[kayasida]

Thank you for your prompt reply Obie and the link to the relevant regulation. What is not immediately clear to me from the wording of the regulation is whether it is the absence of the eea2 permit holder or of the EU-citizen spouse, or of both, that won't affect continuity of residence.

Thank you again!
Robert

[Obie]

Both

[kayasida]

thank you again for your reply!