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Hi,

My retained residence application was rejected. The only reason is that one the date of divorce my former EEA spouse was not exercising treaty right in the UK. If I appeal, would I succeed?

Thanks

Koko2015 wrote:Hi,

My retained residence application was rejected. The only reason is that one the date of divorce my former EEA spouse was not exercising treaty right in the UK. If I appeal, would I succeed?

Thanks

If that reason is correct (ex-spouse was not in UK) then my understanding is you have no grounds for appeal.

Koko2015 wrote:Hi,

My retained residence application was rejected. The only reason is that one the date of divorce my former EEA spouse was not exercising treaty right in the UK. If I appeal, would I succeed?

Thanks

Hi
When you apply for ROR
Thanks

If you can find what was exactly your ex spouse was doing on the time of divorce proceedings? She might be looking for job so if that's the situation you can show that she was looking for job that might help. Or did you not include anything about her spouse treaty rights on the time of divorce? And
When did you apply?
Did you go for interview?

Thanks

Koko2015 wrote:Hi,

My retained residence application was rejected. The only reason is that one the date of divorce my former EEA spouse was not exercising treaty right in the UK. If I appeal, would I succeed?

Thanks

That is not quite right. The CJEU has ruled that the relevant period is the time the divorce proceedings were initiated.

Thanks Obie. When did the ruling become effective? What is the weblink for this ruling? If the former spouse was not exercising treaty rights in this country when the divorce proceeding is initialised, the non EEA national spouse can not retain her residence?