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I am so confused about this 5 years continous stay in uk business, I have been in London and married to irish for 5 years and 8 months, but in 2009, I have been back to china twice, first time I stayed there for 3 months, and I came back to London for 2 weeks, and I went back to China again for 5 months, so in my case, I have been stayed in China at 2009 for almost 8 months, would that still be ok to apply EEA 4 though?

Help pls!!!!!!!

Many thanks

What was the reason for the visit to China? It may be important.

Generally, absence of over six months in one year would break residence, but there are exceptions.

Thank you for your fast reply, I have lost a baby that year, couldn't cope with my husband, we had a long break, but I am already been living London and married to him for 5 years and 8 months, are they not going to counting all the years together? Or only that 8 months I was away?

Article 11 of the directive says

2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

You would just need to explain the absence in this context.

Do I need to state that in my cover letter or do I need some GP letters to prove that I was pregnant something like that?

Many thanks!!

If you have readily available evidence then so much the better.