NA v Secretary of State for the Home Department [2014] EWCA Civ 995 (17 July 2014)

[Legal Beagles]

The issue in this appeal from the determination promulgated on 22nd February 2013 of the Upper Tribunal (Immigration and Asylum Chamber) [2013] UKUT 89 (IAC) is whether a third country national ex-spouse of a Union citizen must 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 ("the Directive"). More...