All Articles: Retained rights of residence

Is Grandma allowed to stay? Retained rights of residence for in-laws

One of the trickier aspects of EU free movement law is “retained” rights of residence for family members if the relationship with their EEA citizen sponsor ends. A common scenario is where an EEA national marries a non-EEA national who the ...

10th June 2021 By

CJEU: expulsion of family members who lose right of residence must still comply with EU law

In the case of C‑94/18 Chenchooliah the Court of Justice of the European Union returns to the contentious issue of the rights of family members of EU citizens. Family members like to have rights, governments like to be able to remove family members ...

19th September 2019 By

Good result on retained residence rights for non-EU spouses who give up work temporarily

The Upper Tribunal has ruled that the term “worker” in the regulations concerning the rights of residence retained by non-EEA nationals if they divorce their EEA spouse includes jobseekers. This means that when someone who has given up work during ...

23rd August 2018 By

Residence rights for divorced non-EU citizens improve as Home Secretary concedes appeal

Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088 is about what happens to a non-EEA citizen spouse if they divorce their EEA citizen partner. Article 13(2) of the Citizens Rights Directive 2004 lays down a set of criteria o ...

14th June 2018 By

EU right of residence where a marriage ends plus source of self sufficiency

The new case of Kuldip Singh Case C‑218/14 is important on two separate issues: when non EU citizens might retain rights of residence in the event of divorce and on the source of self sufficiency in EU law. EU free movement law does not only apply ...

4th August 2015 By

Evidence in retained rights of residence cases

This post is definitely one for the lawyers, I’m afraid, as it concerns an important but difficult to explain area of European Economic Area free movement law: obtaining evidence in retained rights of residence cases. A few weeks ago my roommate ...

20th August 2012 By

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