[rogerger]

I'm italian and my wife (non-EEA) has an EEA2. We lived from 2008 to 2011 in the UK, but we had to stay out of the UK for more than 2 years due to family member illness.

Now we want to return to the UK and EEA2 is STILL VALID, BUT we are afraid because when she received the EEA2 they stated that we shouldn't be more than 2 years out of the UK.

1) Will we have issues when entering UK again?
2) If we have to apply for new EEA visa, and given we are out of the UK, should we re-start from EEA1 all over again ?

Additionally, we never depended on public funds and she already have a job offer in the UK.

 

[Joppa]

There is no such stipulation about not being away more than 2 years (that's for those who hold ILR), but you as EEA national must still be exercising treaty rights in UK or are returning to UK to do so, such as being a jobseeker. You can claim self-sufficiency on the basis of your wife's job offer, but in that case you need comprehensive sickness insurance.

 

[Jrge]

Hi,

I'm italian and my wife (non-EEA) has an EEA2. We lived from 2008 to 2011 in the UK, but we had to stay out of the UK for more than 2 years due to family member illness.

Now we want to return to the UK and EEA2 is STILL VALID, BUT we are afraid because when she received the EEA2 they stated that we shouldn't be more than 2 years out of the UK.

1) Will we have issues when entering UK again?
2) If we have to apply for new EEA visa, and given we are out of the UK, should we re-start from EEA1 all over again ?

Additionally, we never depended on public funds and she already have a job offer in the UK.

Your statement about the validity of the RC under EU regulations isn't accurate. A non-EU national holder of a RC can only be out of UK for a max of 12 consecutive months.

It is recommended your spouse applies for a Family Permit to enter UK, and once there follow the updated procedures to obtain a new RC.

Animo
(Cheers)