This follows on from earlier questions/answers. My wife and I are now back in the UK after living in Spain (Surinder Singh immigration process). We had been in Spain for 10.5 months and I acquired my residence certificate (it took over 6 months for that). However, due to misinformation/misunderstanding, my wife's residence card was not available at the time of our departure. She had completed all the paperwork, had her NIE number, had a document telling her to pick up the residence card before a date in January, but our flight was booked before that.
She was stopped by the National Police at passport control and it took a long time to convince them that her papers were in order. On arrival in Liverpool we just entered her on a tourist visa and soon we will start the UK residence card process.
I asked this question earlier and was told that there was provision in the EEA regs 2016 to permit this. Does anyone know the exact reference for the regulation? I also have it via legal opinion that such an application is ok but I don't have the reference.