Our client initially approached us at the end of 2009 in order to apply for permanent residence as the spouse of an EEA national. However, it soon became apparent that our client's spouse would not co-operate with the application for permanent residence. Our client then decided to seek a divorce.
As European law is directly effective our client was able to stay in the UK on her residence card on the basis of her retained right of residence. Our family department assisted with the divorce proceedings whilst we continued preparations for the permanent residence application.
Once our client's divorce was finalised and a decree absolute had been granted, we then made an application on her behalf for permanent residence on the basis of her time in the UK both as the spouse of an EEA national and with a retained right of residence.
Despite very little available evidence due to our client's ex-husband's unwillingness to co-operate, the application was approved within four months of submission.