Important information for Non-EU citizens exercising their retained right of residency in the UK

In the case EWCA Civ 1088, the Court of Appeal (Civil Division) clarified the interpretation of article 13 (2) of the Citizens Rights Directive 2004. The court found that the non-EEA citizens can exercise their retained residency in the UK following the divorce from the qualified EEA national . The Article 13 lays down a set of criteria that are taken into account when considering such cases, for example, the duration of marriage, custody of children and protection of victims of domestic violence. Previously the applicants were required to provide evidence from  their ex partners during the process of their divorce, which caused considerable distress to them and put them in vulnerable position.

However, the Court of Appeal ruled out that the date in effect is the commencement of the divorce process but not the time of the completion of divorce matter. This decision means that the applicants are no longer need to provide information about what their partner is doing during the divorce process, which makes the process fair and just.