right of residence under the European law

[worldwide]

Hi everybody,
My wife (non EU resident) got an EEA residence card last August 2011.
On October 22nd she left the country for job-related purposes.
She should be back by April 22nd, 2012.
Can she then leave the UK again before August 2012 or would she lose her right of residence because of the six-months rule?
Thanks!

[fysicus]

As long as you are exercising treaty rights in the UK, your wife will not lose her right of residence.

Being out of the country for more than six months in a single year, however, resets the clock for future Permanent Residence (EEA4 application) as it breaks the continuity of residence required for this application. I would not be worried about this too much.

[worldwide]

Great news! Thank you tons!

[worldwide]

My wife is asking: Does this mean she could also come back to the UK after April 22nd (i.e. after the six months have passed) without facing any trouble at the immigration at the airport?

[fysicus]

yes, I would think so

[worldwide]

Thank you again fysicus: you've been of great help to us!

[EUsmileWEallsmile]

Thank you again fysicus: you've been of great help to us!

If you are exercising treaty rights then in theory no problem. The only point is that your wife might be in for some hassle on arrival. Very simple for her to say that she is meeting you and that you are in the UK. It's all about accompanying (if you are no problem as you would be there) or joining (if so then she might be expected to relate the circumstances).

[fysicus]

When you arrive on an EEA Family Permit this might be an issue; when you have already a Residence Card (as worldwide's wife) it is very unlikely that any questions are asked.

Remember also that you are allowed to use the EU queue, and that no landing card needs to be completed!

[worldwide]

Ok, so staying out of the country for more than 6 months in a year has an effect in the long term only, after 5 years I mean. At that time, we might need to re-apply for another residence card, instead of applying for a permanent residence.
Suppose that during the 5 years, I (the EU citizen) will be always exercising treaty rights and I will not be myself out of the country for more than 6 months a year. Accordingly, my wife should manage to freely move in and out the UK without troubles, and stay out of the country for periods longer than 6 months in each year of the 5-year period. In fact, this should have no impact on the residence right she currently has.
Is this conclusion right?
fysicus: In a previous post, you mentioned: 'Being out of the country for more than six months in a single year', and by 'single' you meant 'each year of the 5 taken as 1 year' or 'only 1 year out of the 5'?

[EUsmileWEallsmile]

When you arrive on an EEA Family Permit this might be an issue; when you have already a Residence Card (as worldwide's wife) it is very unlikely that any questions are asked.

Remember also that you are allowed to use the EU queue, and that no landing card needs to be completed!

I have no practical experience, but note border agency guidance suggests that if one's traveling alone, one might be expected to demonstrate that the EU citizen is in the UK. Being prepared is better than being surprised.

A landing card is not required for an EU national spouse traveling with or joining said spouse under ANY CIRCUMSTANCES.

[EUsmileWEallsmile]

Ok, so staying out of the country for more than 6 months in a year has an effect in the long term only, after 5 years I mean. At that time, we might need to re-apply for another residence card, instead of applying for a permanent residence.

Yes

Suppose that during the 5 years, I (the EU citizen) will be always exercising treaty rights and I will not be myself out of the country for more than 6 months a year. Accordingly, my wife should manage to freely move in and out the UK without troubles, and stay out of the country for periods longer than 6 months in each year of the 5-year period. In fact, this should have no impact on the residence right she currently has.
Is this conclusion right?

Yes

fysicus: In a previous post, you mentioned: 'Being out of the country for more than six months in a single year', and by 'single' you meant 'each year of the 5 taken as 1 year' or 'only 1 year out of the 5'?

6 out of 12 in any 12 month period