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LOCATION: Home » Retained residence following divorce

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Retained right of residence - end of marriage or start of divorce?
By Alex Papasotiriou - Immigration Barrister

In Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088, the Court of Appeal, with the help of the Secretary of State, clarified the interpretation of Regulation 10(5) of the Immigration (European...

 Economic Area) Regulations 2006 (and, by extension, the 2016 Regulations) regarding retained right of residence. This was by reference to Directive 2004/38/EC and the CJEU preliminary ruling in Case...

Retained Rights of Residence following separation and / or divorce from an EEA national
By Dr. Catherine Taroni - Immigration Barrister

The non-EEA Spouse of an EEA national exercising Treaty rights in the UK is entitled to live in the UK with their spouse. The Court of Justice of the European Union established long ago in the Diatta decision...

 of 1985, that a spouse remains a spouse until formally divorced – there is no requirement that the family member must live under the same roof permanently to benefit from the right of residence under EU...

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