Baigazieva v Secretary of State for the Home Department

Immigration – European Economic Area nationals. The Upper Tribunal (Immigration and Asylum Chamber) had been wrong hold that a third country national, in order to retain a right to reside in the UK under reg 10(5) of the Immigration (European Economic Area) Regulations 2006, SI 2006/1003, had to show that their former EEA spouse exercised treaty rights as a qualified person until the divorce, rather than the initiation of divorce proceedings. Although the parties had agreed a consent order, the Court of Appeal, Civil Division, found that it would be in the public interest to deliver a substantive judgment.

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