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Reducing the evidential burden in retained rights cases (Baigazieva v Secretary of State for the Home Department)

Reducing the evidential burden in retained rights cases (Baigazieva v Secretary of State for the Home Department)
Published on: 25 June 2018
Published by: LexisPSL
  • Reducing the evidential burden in retained rights cases (Baigazieva v Secretary of State for the Home Department)
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Article summary

Immigration analysis: Adam Pipe, barrister at No. 8 chambers comments that a major headache for immigration lawyers has been slightly eased by the recent decision of the Court of Appeal in Baigazieva v Secretary of State for the Home Department where it was held that a third country national, relying upon a retained right of residence, has to show that their former spouse was a qualified person to the point of the initiation of divorce proceedings rather than the point of divorce. Until this decision it has been very difficult for individuals to show that their former spouse was working at the date of the decree absolute which is usually much later than when the relationship broke down. or take a trial to read the full analysis.

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