Help pls!!!!

[herald888]

I am so confused about this 5 years continous stay in uk business, I have been in London and married to irish for 5 years and 8 months, but in 2009, I have been back to china twice, first time I stayed there for 3 months, and I came back to London for 2 weeks, and I went back to China again for 5 months, so in my case, I have been stayed in China at 2009 for almost 8 months, would that still be ok to apply EEA 4 though?

Help pls!!!!!!!

Many thanks

[EUsmileWEallsmile]

What was the reason for the visit to China? It may be important.

Generally, absence of over six months in one year would break residence, but there are exceptions.

[herald888]

Thank you for your fast reply, I have lost a baby that year, couldn't cope with my husband, we had a long break, but I am already been living London and married to him for 5 years and 8 months, are they not going to counting all the years together? Or only that 8 months I was away?

[EUsmileWEallsmile]

Article 11 of the directive says

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.

You would just need to explain the absence in this context.

[herald888]

Do I need to state that in my cover letter or do I need some GP letters to prove that I was pregnant something like that?

Many thanks!!

[EUsmileWEallsmile]

If you have readily available evidence then so much the better.