All Articles: Retained rights of residence

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

Quick Reads