On the Home Office website it states:
https://www.gov.uk/family-permit/eligibility
"Applying as a family member or extended family member
The EEA citizen you’re joining must either:
[..]
- be travelling with you to the UK within 6 months of the date of your application"
What is the exact meaning of that rule, regarding my specific situation?
Chinese citizens is married to a German citizen. Both are living in Germany.
Chinese citizens has received an UK Entry Clearance (EEA Family Permit).
Both will be flying from Germany to the UK for one week - together. They will be on the same flight and approach the UK Border Agent at the same time at Heathrow. During the stay the German citizen, however, will travel to a third country. The German citizen will return after a couple of days back to the UK. After that both will leave the UK together to fly back to Germany.
I am not certain, whether this is legal.
My question: Does the EU citizens has to be in the UK all the time - as is his non-EU spouse?
The ticket of the German citizen is Germany - Heathrow (long stopover) - Third Country - Heathrow (long stopover) - Germany.
The ticket of the Chinese citizen is Germany - Heathrow - Germany.
Both will stay the first night in London.
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