EU spouse going outside the UK

[forestgump]

Hi there,

I am just wondering, my EU spouse need to go outside the UK for about 8 months. Am I allowed to be in the UK while she is outside?
How could it affect my continues residency period? Are there any timeframes she can be out of the UK which does not break up my residency?

Many thanks

[secret.simon]

my EU spouse need to go outside the UK for about 8 months.

Has yoru EU spouse already acquired PR? If they have, they can stay out of the UK for two years without affecting their residency in the UK (and therefore by extension your residence in the UK).

Alternatively, if your EU spouse does not have PR, is your EU spouse leaving the UK for an important reason, such as pregnancy, childbirth or studies? In that case, one single absence of one year is permitted and their residency (and your right to reside in the UK) is not affected by such absence.

[forestgump]

Has your EU spouse already acquired PR? If they have, they can stay out of the UK for two years without affecting their residency in the UK (and therefore by extension your residence in the UK).

No, but she lives here more than 10 years, so as I understand she has automatically acquired a PR "status", but not a card yet. Does she need to receive PR card, so, after that, it would not affect ours right of reside?
Could I be still allowed to go inside the UK when she is out?
As I read in Regulations 2016 23.4(a) (I am only allowed when accompanying or joining EU partner who is in the UK"

Alternatively, if your EU spouse does not have PR, is your EU spouse leaving the UK for an important reason, such as pregnancy, childbirth or studies? In that case, one single absence of one year is permitted and their residency (and your right to reside in the UK) is not affected by such absence.

She is going because of the job contract. I believe it's not such an important reason?

[secret.simon]

No, but she lives here more than 10 years, so as I understand she has automatically acquired a PR "status", but not a card yet.

Merely living in the UK does not give PR status. She needs to have exercised treaty rights in the UK, by working, seeking work, studying (with private health insurance) or being self-sufficient (with private health insurance) for five continuous years.

Does she need to receive PR card

Not necessary, but recommended.

Could I be still allowed to go inside the UK when she is out?

There may be issues if you do not have a Residence Card and proof that your EEA citizen spouse is resident in the UK.

[forestgump]

Merely living in the UK does not give PR status. She needs to have exercised treaty rights in the UK, by working, seeking work, studying (with private health insurance) or being self-sufficient (with private health insurance) for five continuous years.

She has been working + studying over than a 7 year now, so did she automatically acquired PR status? And now, she just needs to confirm it?

There may be issues if you do not have a Residence Card and proof that your EEA citizen spouse is resident in the UK.

I already do have an RC.

So now, if she doesn't have a PR, just an EU passport, how long can she be outside the UK? I believe it's no more than 3 months in one go?

[Casa]

What is the ratio of her study/employment in the UK? How many years for each

[secret.simon]

She has been working + studying over than a 7 year now, so did she automatically acquired PR status?

If there was any period when she was just studying and not working, she needs to have had CSI (aka private health insurance) for herself and all non-British members of her family. Otherwise the continuity of her residence will have been broken and her PR clock would have been reset to zero.

If you list the periods (month/years) that she was working and the periods that she was studying (without working even part-time), we can advise further.

So now, if she doesn't have a PR, just an EU passport, how long can she be outside the UK? I believe it's no more than 3 months in one go?

She can be outside as long as she wants.

Her residence in the UK (and your right to reside in the UK, which is dependent on her being resident in the UK) would break if
a) if she has PR, after an absence of two years
b) if she does not have PR, but an important reason to be absent from the UK, after an absence of a year
c) if she does not have PR, after an absence of six months

EDIT: Overtaken by Casa.

[forestgump]

What is the ratio of her study/employment in the UK? How many years for each

2011-2012 - full-time studying + part-time job
2012-2013 - a full-time job
2013-2014 - a full-time job
2014-2015 - a full-time job
2015-2016 - a full-time job

[forestgump]

If there was any period when she was just studying and not working, she needs to have had CSI (aka private health insurance) for herself and all non-British members of her family. Otherwise the continuity of her residence will have been broken and her PR clock would have been reset to zero.

If you list the periods (month/years) that she was working and the periods that she was studying (without working even part-time), we can advise further.

2011-2012 - full-time studying + part-time job
2012-2013 - a full-time job
2013-2014 - a full-time job
2014-2015 - a full-time job
2015-2016 - a full-time job

Her residence in the UK (and your right to reside in the UK, which is dependent on her being resident in the UK) would break if
a) if she has PR, after an absence of two years
b) if she does not have PR, but an important reason to be absent from the UK, after an absence of a year
c) if she does not have PR, after an absence of six months

EDIT: Overtaken by Casa.

c) six months in total for a year or for a 1-time journey?

[secret.simon]

c) six months in total for a year or for a 1-time journey?

Six months in total per rolling year.

What has she done since 2016? How many hours a week was the part-time work done while she was studying?

[forestgump]

What has she done since 2016? How many hours a week was the part-time work done while she was studying?

She continues to work in the same place.
20 hours a week.

[secret.simon]

It sounds as if she has worked continuously for five years. So, she would have acquired PR. It would be best for her to acquire a DCPR before leaving the UK.

[Richard W]

Her residence in the UK (and your right to reside in the UK, which is dependent on her being resident in the UK) would break if
a) if she has PR, after an absence of two years

How do you deduce this? Her right of PR would continue until she had been absent for 2 years, but I don't believe she would be resident in the UK during that a period. As a thought experiment, consider someone who was outside the UK for ten years except for an annual overnight stay to keep the PR alive. (Such a method does not preserve non-Chapeter EU ILR.) I don't believe that person could be described as being resident in the UK throughout the ten years.

I fear the question of residence is legally complicated. For council tax purposes, she should probably continue to consider herself resident. Visits home during the eight months would probably help maintain residence for the purpose of EEA rights. She should probably maintain her voter registration during the period.