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LOCATION: Home » Retained rights of residence under EEA Law

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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 worker status for self-employed in line with employed workers - Court of Justice decision in C-442/16, Gusa, 20 December 2017
By Dr. Catherine Taroni - Immigration Barrister

The Court of Justice decision in Gusa may be very important to EU nationals and family members looking to make applications for permanent residence based on retained worked status, or, as in the case itself, in...

 relation to showing entitlement to social assistance. The Facts Mr Gusa, a Romanian national, entered the Republic of Ireland in October 2007 and was supported by his adult children who also resided there....

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...

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

Advocate General Kokott has recently given her Opinion in Case C-218/14, Singh, Njume and Aly, 7 May 2015, a case concerning retained rights of residence following divorce from an EEA national. Factual Background Messrs...

 Singh, Njume and Aly were all married in Ireland to Union citizens exercising their Treaty rights in Ireland and who were granted permission to reside based on their relationship with their spouses....

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