Can someone confirm this please?

[AmandaBoo]

Hi there, new to the forum. I already think I know the answer to my question but I can't find it on the UKgov website in writing, which is what I'd like. I'm a family member of a UK resident. We did the SS route, I have my UK Residency Card. Question is; I want to go home to the US for a month or two but I might stay a bit longer, anyways.. I wanted to make sure that the max time you're allowed out of the UK with your UK RC still being valid is 6 months, is this correct?? I'm an excessive worrier, I just wanted to make sure if I spent like 2 or 3 months out there that'd be ok for me to come back.

[noajthan]

Hi there, new to the forum. I already think I know the answer to my question but I can't find it on the UKgov website in writing, which is what I'd like. I'm a family member of a UK resident. We did the SS route, I have my UK Residency Card. Question is; I want to go home to the US for a month or two but I might stay a bit longer, anyways.. I wanted to make sure that the max time you're allowed out of the UK with your UK RC still being valid is 6 months, is this correct?? I'm an excessive worrier, I just wanted to make sure if I spent like 2 or 3 months out there that'd be ok for me to come back.

See http://www.eearegulations.co.uk/Latest/ByPage/part1_3

[secret.simon]

See Regulation 3 - Continuity of residence.

(2) Continuity of residence is not affected by–

• (a) periods of absence from the United Kingdom which do not exceed six months in total in any year;
  (b) periods of absence from the United Kingdom on military service; or
  (c) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

EDIT: Beaten by Noajthan's much more succinct response.

[Richard W]

I wanted to make sure that the max time you're allowed out of the UK with your UK RC still being valid is 6 months, is this correct?? I'm an excessive worrier, I just wanted to make sure if I spent like 2 or 3 months out there that'd be ok for me to come back.

See http://www.eearegulations.co.uk/Latest/ByPage/part1_3

It's difficult to see the connection. The cited regulation refers to breaks in continuity of residence, so being absent for less than 6 months won't reset the clock for acquiring permanent residence.

I can't see anywhere in the EEA Regulations where family membership simply times out, though there might be some arguments for extended family membership. (There are limits depending on the member's age.) On the other hand, a voluntary 2 year absence would suggest that your being able to be with your sponsor was not necessary for the sponsor to be able to move about freely, so your rights might have to depend on the generosity (!) of British law rather than EU law.

The connection I can see is an argument that 6 month breaks don't matter for continuity of residence, so should be irrelevant generally. The argument's a bit weak, but 3 months should be OK if your residence card does not expire.

[AmandaBoo]

The sponsor is my husband if that makes any difference..? My UK residency card doesn't expire until 2020, I am just trying to become more aware so if anything comes up and I have to stay longer in the US. Such as over three months but under six months with my family, if that would mess up anything upon my return at the border with immigration refusing me for having lived outside for that long. I tried to email the UK border agency but have yet to hear back but thanks for some of the links, having a read through them now. Also, sorry if I don't make much sense, very, very tired, lol.

[noajthan]

The sponsor is my husband if that makes any difference..? My UK residency card doesn't expire until 2020, I am just trying to become more aware so if anything comes up and I have to stay longer in the US. Such as over three months but under six months with my family, if that would mess up anything upon my return at the border with immigration refusing me for having lived outside for that long. I tried to email the UK border agency but have yet to hear back but thanks for some of the links, having a read through them now. Also, sorry if I don't make much sense, very, very tired, lol.

You make perfect sense.

An absence of 6 months or more in any 12-month period (or a one-off absence of over 1 year due to exceptional circumstance, including for military service or pregnancy) will break your continuity of residence in UK. As per the regulation posted above.

Less than 6 months away in a year and you are good to go.
Pro tip: Keep evidence.

[Richard W]

The sponsor is my husband if that makes any difference..?

It certainly makes the choice of pronouns easier!

I think it helps a bit - you'd still be a wife after a two year absence, but you might have problems if you'd been merely a durable partner.

An absence of 6 months or more in any 12-month period (or a one-off absence of over 1 year due to exceptional circumstance, including for military service or pregnancy) will break your continuity of residence in UK.

Perhaps I'm being stupid, but how do you think that answers the OP's question, which is about readmission to the UK to rejoin her husband? (I presume she is not expecting a long absence from the UK for him.) It is relevant if she is thinking about how soon she can achieve permanent residence, but I don't think she is yet worrying about that. Are you just using it as evidence of what is considered a 'short absence'?