fbpx
Home
About Us
ABOUT US
Firm History & Expertise
City Legal is a multi award winning law firm specialising in UK Immigration Law, Wills & Estate Planning, Global Citizenship as well as providing Business, Education and HR Consultancy to both individual and corporate clients around the world.
Our Team
Meet the experts behind our success.
Accreditations & Awards
Check our credibility and reliability.
Reviews & Testimonials
View our client feedback from all sources.
Careers
Join our multi award-winning team.
Services
SERVICES
Knowledge Hub
KNOWLEDGE HUB
Resources
Quick and Easy access for relevant sources.
Videos
See informative videos on legal areas we cover.
Infographics
See visual presentation of key information.
E-Books
Digital information on different practice areas.
Webinars
View engaging online events & presentations.
Insights
Get more Insights on our firm and services.
News
Learn more on recent events and latest updates.
Podcasts
Listen to our audio version of blog anywhere.
Success Stories
Get a more understanding of our past experience.
View All
Contact Us
CONTACT US
Call Us
Speak with our award-winning team on 0330 058 3929 to learn more. Available Monday - Friday 9:00 AM to 5:00 PM
Request a Call Back
Choose a convenient time and we will get in touch to discuss your enquiry. Available Monday – Friday 9:00 AM to 5:00 PM
Chat with Us
Our expert legal team is available to answer your questions. Available Monday – Friday 9:00 AM to 5:00 PM
Email Us
Please send us an email to enquiries@citylegalservices.co.uk and we will be in touch to discuss your legal matter.
22 Peterborough Road, Harrow, London, HA1 2BQ
Client Area
CLIENT AREA
Track your Matter
City Legal offers our clients a state-of-the-art client portal to track your matter in real time and communicate with your case worker directly.
Manage Appointments
Already Booked a Consultation? Login to your Appointments Dashboard and manage your bookings or chat with your adviser prior to the meeting.
Document Management
Our clients can securely view, share and comment on documents online at any time via our dedicated document management portal linked to your matter.
Pay Legal Fees
We offer an online payment facility to our clients for the payment of Legal Fees or Client Invoices online by credit or debit card at no additional cost.
Download App   
Book an Appointment

Update on Retained Right of Residence as a former spouse of a qualified person.

On 20th April 2018, the Court of Appeal and the Secretary of State in the case of Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088, clarified the law in relation to Retained Right of Residence. Prior to this case, it was interpreted that non-EEA national must prove that that their EEA national spouse was a qualified person at the time of the divorce decree. However, it is now established that the non-EEA national must only show that their EEA national spouse was a qualified person at the initiation of their divorce proceedings.

The Court of Appeal and the Secretary of State identified that the period between the commencement of divorce proceedings and the grant of divorce decree is quite critical. It was understood that once the termination of marriage is initiated, it will be unreasonable and highly-unlikely for the non-EEA national to obtain evidence of the EEA-national spouse’s employment status as the relationship ties are broken and dissolved. Due to this, the Court of Appeal clarified the interpretation of Regulation 10(5) of the Immigration (European Economic Area) Regulations 2016 and Article 13(2) of the Directive 2004/38/EC.

The position of the law in relation to retained right of residence is now clear. A non-EEA national will only be able to obtain retained right of residence once the divorce is granted legally, however the conditions for retaining right of residence will only be based until the commencement of divorce proceedings.

Disclaimer: No material or information provided on this website should be construed as legal advice. Readers should always seek appropriate professional advice to resolve their Legal Matters.
About the Author
Adarsh Girijadevi

  Adarsh Girijadevi

Adarsh Girijadevi is the founding Director and Head of the Immigration at City Legal Services Ltd. He has immense experience in Immigration Law and is accredited at Level 3 (the highest level) by the OISC.

One comment on “Update on Retained Right of Residence as a former spouse of a qualified person.”

  1. I have retained right of residence after my divorce. I applied for UK IlR 2017 but I was not given. The reason is that I did not provide my ex partner documents , that she was excerising treaty right. I am unable to contact her bc she has left the UK. My question is why does one apply for retained right?
    I taught that with retained right after divorce, u are free to apply on y own without y ex partner?
    Pls I need clarification of retain right after ILR

Leave a Reply

Your email address will not be published. Required fields are marked *

linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram