Non-EEA Family member and Erasmus

[hmmendezhue1]

Hello guys,

In a nutshell: I am a non- EEA national who is married to a French national. We have been both living together in the Uk for the last 2 years. We are both students at university and work part time. I (the non-EEA national have the EEA family permit valid for 5 years which expires in 2012.

My question is the following: As part of my studies at university (non-eea national) I am required to spend a period of 10 months in another EU country. The problem is that my wife cannot come with me since she is also studying herself. So would I loose my non-eea family permit if i leave for study reasons the UK for 10 months and then come back??

Thanks guys

[Directive/2004/38/EC]

When did you marry?

Normally the rule is that you can spend up to 6 months outside of the UK on a Residence Card. But it sounds like you are doing "vocational training"...

Article 11 -- Validity of the residence card

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 12 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.

In any case, you can always get back into the UK and get a new Residence Card if you are still married.

[hmmendezhue1]

Thanks for the reply,

We got married 2 years ago and have been living together since then, but i was concerned that since that we would not be able to live together for the 10 month period I would have to spend abroad I would loose the 5 year family permit and not be allowed to travel back to the UK to see my wife.

I had read the ruling you mentioned, but I thought that the exception for up to one year for vocational training or studies applied only to the eea national and not its non-eea partner. However, does anyone know if it applies for both eea and non- eea nationals??

[Directive/2004/38/EC]

A residence card is only issued to the non-EU family member.

You can come and go as you wish to the UK. Your right to enter the UK comes from your relationship to the EU citizen. For the most part, it is almost impossible for them to not let you in. I would suggest you always travel with a photocopy of your spouse's passport info page and of your marriage certificate.

Note that you will have PR from 5 years after you married. You can get a PR card at that point if you want.