Possible to maintain residence while studying outside EU?

[tebee]

As I've mentioned on here before I am intending to bring my Thai wife and stepson to France where I live and work. My wife has not been a problem and she now has her carte de sejour.

My stepson came here March last year, applied for his carte de sejour. He had taken a year out from university, our intention was he would spend a year here, getting used to France and studying the language. At the end of that if his French was good enough we intended to look for a University here for him to go to

Unfortunately after 6 months he had to return to Thailand to re-sit one of his university exams and while he was there manage to catch Dengue haemorrhagic fever and has been ill for several months.

We were planning for him to return soon to attend an intensive French course, but due to the delays in getting him a new visa to get back here this is now fully booked.

We are now thinking his French will be not be good enough to move to university here so maybe he should continue his course in Thailand.

We have asked about his carte de sejour which is still in progress,but are being told that if he does go back to study he will not be eligible for the carte de sejour as he will not be in France most of the year.

But if he does not get it now he will be over 21 by the time he finishes his university degree and not eligible as my descendant. Will he still be considered a dependant after he has fished the course ? Is there provision for students to study in another country but still retain their rights here ?

[Directive/2004/38/EC]

When did he go back to Thailand?

How old is he?

[tebee]

He came here in March last year, and went back in September. He has just turned 21. We here hoping for him to return here last month, before he had been out of the EU for 6 months, but the problems we had obtaining a visa this time means we wont be able too.