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After years of misery and restrictive interpretation of Article 13(2) of Directive 2004/38 EC, the UK Court of Appeal has finally capitulated that the judgement in Amos may not be consistent with Article 13(2).

They have not overturned it , but expressed doubts about the Secretary of State's interpretation and made a reference.

Guys may remember that in the case of Nazia Ahmed , who was domestically abused by her Germany husband for many years before she ended the relationship, the tribunal ruled that Ms Ahmed did not qualify for retention as her husband had moved to Pakistan prior to their divorce, where I believe it was obtained.

The tribunal endorsed the restrictive approach in Amos, and expressed a hope that retention cases will not come before them again.

Following a case in Ireland which expressed doubts on the rational in Amos, the Court of Appeal has made a reference in the case of Mrs Ahmed on whether it is a requirement that the EEA national should be a qualified person at time of Divorce.
NA vs Secretary of State for the Home Department]

SO you mean NON EU national don't need to show that their former spouse was exercising Treaty rights in the host Member state at the time of their divorce / divorce finalised in order to retain a right of residence ?

Thank you Obie for keeping us update withe such important information. But my trouble is that i read the document but still don't know the outcome as it end with a question instead of a decision

[u][b]Question

20. Accordingly, we pose the following question for the Court:

"Must a third country national ex-spouse of a Union citizen be able to show that their former spouse was exercising Treaty rights in the host Member state at the time of their divorce in order to retain a right of residence under Article 13(2) of Directive 2004/38/EC?"[/b][/u]

will this lady be issued ROR, or she was already granted residence with article 8.

IS there any decision regarding this case that if non eu spouse will get PR after three years of divorce or ...?

hi
i m waiting for judgement .bcz i applay pr and refuse bcz ho asking me my ex wife time of divorce proof she was in host country.i have full 4 years record.i knw she was in this country and she was not working that time. my marrige was more thn 4 yeras.wen i applay thet revoke my visa and send me deportation latter.i dont no where is my ex wife is.
if ECUJ GIVE GOOD JUDGMENT THN I WILL BE OK.

You could have appealed

i appeal and my date in march 2015.obi wats u think eucj give judgement before march.

Depending on the nature of your case, the court could ask the Home Office to investigate your wife's tax record, might even stay the proceedings, pending the outcome of the CJEU case.

I am sure the CJEU case will not be out in March Next year.

thanks obi

hi obi
when u expected the decision will come.?i search every where no any information .

Hello

The decision will come when it comes. I am not expecting the decision yet, probably will be out in the Autumn or winter of 2015, or even the spring of 2016.

I am really not the CJEU so i cannot give answers to all your question. I open this thread for informative purposes and not to replying to query . You can ask the tribunal to stay the proceeding, if you believe the case is relevant.

As and when there is an update i shall update the thread accordingly, in my free time.

Hello Obie

Thanks for sharing NA's case.

Hi all,

I wonder if someone can help us. We cannot go to UK until my husband will not obtain his divorce paper from his ex wife with who he was married 13yrs ago. She is from IRL. We tried aksing her and tried via sol but she refusing communicate with us. She just said, until my husband pays 50,000 EUR as child support she wont tell us nothing. Now, they married in IRL and after 4 month marrige they separated and left IRL. He even had his RC. The family stopped communicating with him, not allowed to see or speak to his child either. Is there anyway to obtain divorce paper? We emaild to all court in IRL but they say there is no evidence of divorce. Last time when my husband tried to email her she wrote back only this: Bigamist.....ufff... now we have no idea what is going on and i have a job offer there from May but if I cant bring my husband then i dont know what to do.

I married to my EU national partner in August 2011, marriage lasted for 3 years and we are recently going through divorce. I'm looking to apply for right of residence post divorce. My ex partner is not willing to provide me any of her documents (pay slips, bills etc) she will not even let me have access ti medical insurance certificates.

currently I'm self employed, and have now got myself covered under new fully comprensive medical insurance. marriage lasted for 3 years before the divorce petition was submitted.

What are the possibilites of me being abble to obtain right of residence.

Can someone please advice any help in relation to my application.

Thanks

Any idea about above >?

gondal87 wrote:I married to my EU national partner in August 2011, marriage lasted for 3 years and we are recently going through divorce. I'm looking to apply for right of residence post divorce. My ex partner is not willing to provide me any of her documents (pay slips, bills etc) she will not even let me have access ti medical insurance certificates.

currently I'm self employed, and have now got myself covered under new fully comprensive medical insurance. marriage lasted for 3 years before the divorce petition was submitted.

What are the possibilites of me being abble to obtain right of residence.

Can someone please advice any help in relation to my application.

Thanks

you can buy insurance for her and if you have joint bank account don't think there will be any problem