UK Court of Appeal emphasises that the former spouse of an EEA national must be “exercising treaty rights” at the date of the divorce
Just when we thought we had seen the back of the 2006 EEA Regulations, it appears that the Court of Appeal is not quite yet done with their interpretation: the Court of Appeal is still having to grapple with arguments put forward that the UK Government did not correctly implement the parent Citizen’s Directive via the 2006 Regulations. In Ahmed v The Secretary of State for the Home Department [2017] EWCA Civ 99 , the issue which arose was the correct interpretation of Regulation 10(5) and 10(6) of the 2006 EEA Regulations. Mr Ahmed sought to establish an independent right to reside in the UK as the former spouse of an EU national. He applied for an EEA residence card in January 2014. He only received a certificate of application in September 2014. At the date of the divorce, which became absolute on 19 June 2014, Mr Ahmed’s wife had been working ...