EEA PR (Potential Gap)

[shaz_kin]

Hi,

I am on EEA RC, been married and living together in UK since June 2012, MY EEA PR is due in June 2017, my wife was a student and has been working since she arrived in UK in 2008 and all documents are available to prove EU Treaty Rights. My wife has urgent matter to attend in her home country which is to care for her sister as her mum is starting a new business in Germany and will be away for few weeks even months, with regards to her work in UK her employer can keep her on the payroll (without pay) until she returns however I want to know how long can she afford to stay away without having implications on my visa?

She has also applied for PR on 01/09/2016 so awaiting decision for that too, if she does get her PR will it change anything towards proving EU Treaty Rights after PR has been granted? Are the rules more flexible considering she has PR for UK?

Thank You

[noajthan]

Up to 6 months away (in a 12 month period) will not break continuity of residence.

There is no need for a person to exercise treaty rights once they have acquired PR status in that country;
(whether or not they apply for an optional and merely confirmatory PR card is, um, optional).