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LOCATION: Home » Retained right of residence advice

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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...

EEA Retained Rights: Divorce and Domestic Violence
By Dr. Catherine Taroni - Immigration Barrister

NA is a citizen of Pakistan, and was married to a German national from 2003 until a purported talaq divorce in March 2007, with divorce proceedings in the UK instituted by NA in September 2008, with decree absolute...

 issued on 4 August 2009.  NA and her husband moved to the UK in March 2004, she was the victim of domestic violence and finally left the matrimonial home around October 2006.  NA’s husband left the...

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