Travel out of UK with EEA family member staying back

[giorgosa]

Hi all,

I may need to travel abroad for 2-3 days for a family person who is seriously ill.

My wife is in the UK under EEA family permit. Can she stay in the UK for these days?

Is it possible this to cause us problems later for EEA2 application?

Thanks
George

[Jambo]

Not an issue at all. You can travel as much as you need. There is no need for you to be in the UK all the time with your partner. As long as you live in the UK (even if you travel a lot), your family is allowed to stay here.

[EUsmileWEallsmile]

Of course, there is a limit to this. It is generally up to six months in any twelve.

For the time period you speak of, it is simply not an issue.

[Jambo]

The 6/12 limit is only when counting this period for PR. for the purpose of right of residence, there is no limit (as long as you continue to live in the UK).

[EUsmileWEallsmile]

The 6/12 limit is only when counting this period for PR. for the purpose of right of residence, there is no limit (as long as you continue to live in the UK).

I'm not so sure. Do you base this on the EEA regulations or on the directive (or even perhaps both)? I'm happy to be corrected, but would like to get it straight.

[Jambo]

As I see it, an EEA national has right of residence if he is a qualified person. To be a qualified person, there are no conditions to be present for a certain period in the member state.

The 6/12 referred in the directive under Article 11(2) (validity of RC) and Article 16(3) (PR). Under the EEA regulations, Regulation 3 defines Continuity of Residence for the purpose of Regulation 15 (and Regulation 5). It is not part of the defintion of a qualified person.

If for example a person works in shifts of 8 days in New York and then spend 6 days living and working in the UK. He would spend more than 6 months a year abroad but I would argue that he still has right of residence. Just not right for PR after doing so for 5 years.

[EUsmileWEallsmile]

Thanks for responding. Perhaps it is a little unclear and requires ECJ clarification.

As far as I can make out,there is an overriding presumption of residing in the member state together (I am aware of Diattia).

There is a line describing the validity of a residence card and it discusses 6 out of 12 (article 11). It is not specific as to whom this applies to.

Moreover, there is protection for the non-EU family member to retain ROR in the event that the EU citizen leaves the EU state permanently.

There are similar provisions in the chapters dealing with permanent residence, though again some specifics pertaining to non-EU family members.

It is of course possible for member states to apply more favourable provisions (wether by accident or design). This is why I wondered whether there was special provision in the EEA regulations supporting the views previously expressed.

[EUsmileWEallsmile]

If for example a person works in shifts of 8 days in New York and then spend 6 days living and working in the UK. He would spend more than 6 months a year abroad but I would argue that he still has right of residence. Just not right for PR after doing so for 5 years.

In the specific example provided, I would agree that one cannot not be considered to be resident, though the terms of PR might never be retained.