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Right of residence for non-EEA family member and documentation

22 March 2010

We are seeking further clarification from the EEA team at the Home Office in connection with the uphill struggle faced by many family members of EEA nationals who following a divorce seek to remain in the UK and retain their right of residence.

The most common problem occurs when the EEA ex-spouse/civil partner has left the UK and is unwilling to provide documents to evidence their ex partner's right of residence. The UK Border Agency (UKBA) appears to be still refusing to contact the HMRC to check the position of EU nationals who have been in employment and payed NI contributions over relevant period. However, Section 40 of the Borders Act 2007 gives the UKBA the power to request information from HMRC for the purposes of “doing anything … in connection with the exercise of immigration and nationality functions”.

Therefore, one wonders whether the onus of proof should be really on the non-EEA applicant when he/she has no access or indeed any recourse to provide such evidence particularly following an acrimonious divorce.

Speak to one of our Blog visa consultants now to discuss your tailor made visa solution. Call us on +44 20 3384 3075.
Migra & Co is a private immigration company, regulated by the Office of the Immigration Services Commissioner (OISC), reference number F200900038. This website is not a government website and as such, we are not linked or affiliated with the UK Visas and Immigration. We offer expert legal advice and flexible tailored solutions to both private and corporate clients to ensure that their immigration needs are met. If you wish to download or prepare a UK visa application form, you can do so free of charge by visiting the Official UKVI website.