I’ve been looking at Singh/Ahmed and the Regs and now I may be confusing myself so I could really do with some clarity on the following:
1. When is the “initiation” of divorce. Would this be when a person signs the statement of petitioner or when he actually submits the paperwork to the court?
2. If the EEA national is NOT working AFTER the initiation of divorce but the non-EEA national is working do they retain their rights?
3. If the EEA national leaves the UK AFTER the initiation of divorce and the non-EEA national is working do they retain their rights?
4. Is the non-EEA national required to work after the initiation of divorce OR upon termination of divorce?
Thanks in advance
Hi I cannot be certain of number 1, but the answers as far as I am aware to the other questions are as follows:
2. The EEA national MUST be exercising Treaty Rights ie working at the date of divorce (decree absolute). The non-EEA national must ALSO prove he is working at the date of divorce
3.No, the non-EEA national would not then retain his/her rights because if the EEA national had left the UK after initiation of divorce then he/she would not be in the UK (exercising Treaty Rights) at the date of divorce.
4. The non-EEA national is only required to be working at the date of divorce (DA)
My understanding (based on quite a number of cases I lodged) on Q1 is that the date is when the divorce petition is formally lodged.