EA006922017

The appellant is a national of Nigeria, born on 5 May 1978. He appeals with permission against the decision of First-Tier Tribunal Judge Turnock dismissing his appeal against the refusal by the respondent to issue him with a document confirming his right to residence under the Immigration (EEA) Regulations 2006. The appeal was decided on the papers.

On 13 October 2015 his earlier application for confirmation of his right to permanent residence was refused with a right of appeal. His subsequent appeal was dismissed by First-Tier Tribunal Judge Bradshaw in a decision promulgated on 23 March 2016. His application for permission to appeal that decision was refused in August 2016.

His claim was made on the basis that he has retained a right of residence under Regulation 10(5)(a-c) and Regulation 15(1)(f) of the 2006 Regulations. He contends in particular that his former spouse was exercising Treaty rights in the UK from 2009 up until her last date of divorce [10].

It was not disputed that the appellant married his ex-wife on 20 February 2010 and that the marriage had subsisted for a period in excess of three years. The Judge also found that the couple resided in the UK for at least one year during the duration of the marriage.

Judge Turnock noted that the appellant needed to establish that his former spouse was a qualified person and that he was residing in accordance with the regulations at the point of divorce. Evidence was thus required that his former spouse was exercising Treaty rights when the decree was issued. The parties were divorced on 3 December 2013 [25].