EEA2 calculating periods of absence? THANK YOU

[katli]

Hi guys,

Thank you all who have helped us in obtaining my EEA residence card!

I (non EEA) have obtained 5 year UK EEA residence permit through my EEA spouse exercising his free movement right by being a student in the UK. Due to the need of one year field research for his studies, we have left the UK since November 2014. In January 2015, we returned to the UK for two nights only and left again until now. As he is still enrolled at university and has comprehensive sickness insurance, in order to avoid breaking the continuity of residence requirement we were hoping to use the exception contained in regulation 3.2 according to which
“Continuity of residence is not affected by—(c) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an oversea posting.”

As we do not exactly understand how periods of absence and continuity of residence are calculated, we have a couple of questions that we hope you could help us with!

So my questions are:
1. Are we required to go back before November 2015 or January 2016?
2. Is it a must to have my EEA spouse accompanying me when entering the UK?
3. Once back in the UK will I be able to leave with him again if he needs another couple of months to finish his field work?
4. If I am staying in the UK while my spouse finishes his field work, will I be able to leave the UK and re-enter on my own?

Thank you very much for your help!

[katli]

Could anybody help, please?

Much appreciated!

Thank you.

[katli]

HI there, I thought I give it one last try to see if anyone can help out here? The infomation out there regarding the calculating of residence and absences seems quite vague but I keep on looking. Thanks a lot again!