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Right to live/work in UK if EEA spouse leaves UK temporarily

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ccsimms
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Posts: 3
Joined: Fri Sep 23, 2011 8:34 pm
Location: Canada

Right to live/work in UK if EEA spouse leaves UK temporarily

Post by ccsimms » Sat Sep 24, 2011 6:02 pm

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

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Sat Sep 24, 2011 6:23 pm

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).

ccsimms
Newly Registered
Posts: 3
Joined: Fri Sep 23, 2011 8:34 pm
Location: Canada

Post by ccsimms » Sat Sep 24, 2011 6:52 pm

Thanks!

Anyone know how many times per year, or how long the EEA national (my wife) can leave me working in the UK alone.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Sep 24, 2011 7:38 pm

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.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Sat Sep 24, 2011 8:46 pm

Directive/2004/38/EC wrote:I love the title of this thread. I expected you wanted to "leave your wife"....
Amended.
Life isn't fair, but you can be!

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