EEA Residence Card but partners are living seprate

[jafferdeen]

My friend is Spanish national and he is working full time in London for last 1 year
.His wife is Indian.She has Tier 4 visa.She lives in Birmingham and studying in Birmingham University.She has a part time job as authorised

They both got married 4 months ago.They are not living together because husband has good job in London and she is full time student.She wants to apply for EEA Residence card. They both meet each other on weekends or whenever they have spare time.

Questions:-

1- Is she eligible for EEA Residence Card
2- If they are not living together what sort of documentary evidence she has to provide with her application
3- Any other advice

[secret.simon]

The Diatta judgment allows non-EEA spouses of EEA citizens to be resident anywhere in the same EEA member state as where their spouses are exercising treaty rights. They do not need to be residing together.

So, the Indian wife is eligible for a Residence Card and needs to provide the usual proof, i.e. of the marriage and that the Spanish husband is exercising treaty rights in the UK. There is no requirement to prove that they reside together.