UK right of residence granted to Belarusian national after he divorced his EEA partner

Refusal rate seems to be particularly high in the immigration cases. This includes right of residence applications. Applicants then need to appeal against the Home Office decision, which is another procedural nightmare.

Retained Right of Residence in the UK after Divorce

Belarussian national divorced from his EEA National spouse in 2014. He still, however, had family ties in the UK (his brother was settled in the country).

Our client sought to retain his right of residence after separation from his partner – EU national. He had been fighting for 4 years before positive decision was achieved.

After the divorce was finalised in 2014, the client submitted an application to retain his right of residence (as per Regulation 10 of the EEA Regulations 2016). It was, however, refused because there was no enough evidence confirming that his ex-partner was working in the UK from the date the divorce petition was sent until the date his divorce was finalised.

He appealed against this decision and the appeal was dismissed as how the Judge said

“the Appellant had not shown he had made every effort to provide the required documents”

of his partner exercising the Treaty Rights at the date of the divorce. He only provided evidence up to the date the petition was sent.

Therefore, our client submitted another retain right of residence application in 2016 which was refused. The Home Office repeated the previously made decision as they still did not believe the EEA National to be exercising free-movement rights in the UK at the time of divorce. Then, we submitted EEA PR application in 2017 which was also refused based on the same grounds.

Senior solicitor, Shakir Hussain, assisted by immigration lawyer, Aliya Rimshelis, appealed against this decision and submitted evidence to court as

the refusal was contrary to the determination in our precedent-setting case Baigazieva vs Secretary of State for the Home Department [2018] EWCA. There it was provided that the EEA National ex-spouse need only be exercising treaty rights until the date of the initiation of the divorce proceedings.

Right of residence appeal, however, was complicated by difficult family circumstances our client faced.

In the midst of his appeal he had to leave the UK to support his mother in Belarus, who was undergoing cancer treatment. He, however, needed to return to the UK, to be present as a witness to his own appeal hearing. Our client applied for a Visitor visa, which was also refused.

Nevertheless, the judge was satisfied with the provided evidence and submissions that we helped to obtain, and the appeal was successful.

For more details on application of the UK immigration rules and EEA Regulations, please contact us directly:

Shakir Hussain, Senior solicitor

Email: shakir@sterling-law.co.uk

Phone: +44 (0) 20 7822 8535

 

Aliya Rimshelis, Corporate Immigration Lawyer

Email: aliya@sterling-law.co.uk

Phone: +44 (0) 20 7822 8535

 

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