Misc 12 july

Question 1

Baigazieva

Answer 1

for non-EEA spouse to retain RoR after divorce, the EEA spouse must be a QP in the host MS at the time divorce proceedings are initiated. (not in just cases of DV)

Question 2

s40 UKBA 2007

Answer 2

HMRC can give info to SSHD (eg in retained rights DV cases)

Question 3

HO guidance on retained rights under reg 20(5)

Answer 3

Requirements of regulation 10(5)

A person who ceases to be the family member of a qualified EEA national, or an EEA national with a permanent right of residence, because of a divorce or annulment of a marriage, or a dissolution of a civil partnership, will retain a right of residence where all the following conditions are met:
• the EEA national was a qualified person, or had a right of permanent residence, on the date of the initiation of proceedings for termination of the marriage or civil partnership
• the applicant was residing in the UK in accordance with the regulations at the date of initiation of proceedings for termination and either:
o the applicant is not an EEA national but if they were they would be a worker, self-employed person, or self-sufficient person under regulation 6
o the applicant is the family member of a person who meets the definition of the above
• the applicant meets the requirements of either regulation 10(5)(d)(i), (ii), (iii), or (iv) of the 2016 regulations.

Question 4

Singh & Ors v Ministry for Justice and Equality(C-218/14)

Answer 4

If the EEA QP spouse leaves the host MS and then initiates divorce proceedings, the non-EEAspouse can’t retain a right of residence (ie it cannot be “revived”).