Let $V$ denote an $r$-dimensional vector space over $\mathbb{F}_{q^n}$, the finite field of $q^n$ elements. Then $V$ is also an $rn$-dimension vector space over $\mathbb{F}_q$. An $\mathbb{F}_q$-subspace $U$ of $V$ is $(h,k)_q$-evasive if it meets the $h$-dimensional $\mathbb{F}_{q^n}$-subspaces of $V$ in $\mathbb{F}_q$-subspaces of dimension at most $k$. The $(1,1)_q$-evasive subspaces are known as scattered and they have been intensively studied in finite geometry, their maximum size has been proved to be $\lfloor rn/2 \rfloor$ when $rn$ is even or $n=3$. We investigate the maximum size of $(h,k)_q$-evasive subspaces, study two duality relations among them and provide various constructions. In particular, we present the first examples, for infinitely many values of $q$, of maximum scattered subspaces when $r=3$ and $n=5$. We obtain these examples in characteristics $2$, $3$ and $5$.