Dual Nationals and EEA family permits

Vincent Aleck made this Freedom of Information request to UK Border Agency

The request was successful.

From: Vincent Aleck

4 August 2009

Dear Sir or Madam,

On this page:
http://www.ukvisas.gov.uk/en/ecg/eunatio...

question EUN2.15 (“Can family members of dual nationals/ Irish
nationals and EEA nationals with settled status qualify for an EEA
family permit?”) is answered with only the statement “This guidance
is currently under review”. Can you please therefore:
a) provide to me the most recent guidance that was available before
it was placed under review.
b) explain why this guidance needs to be reviewed.
c) explain the possible outcomes of this review.
d) indicate the likely outcome of the review.
e) provide details of the timelines for this review, including
initiation, removal of current guidance, execution of the review,
reporting the review's conclusions, making a decision on the
outcomes and implementation of the outcomes.
f) provide the current guidance provided by UKBA to ECOs for
considerations of applications made under this position pending the
outcome of the review (i.e. the guidance they should use at this
time pending completion of the review).

Yours faithfully,

Vincent Aleck

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From: Freedom Of Information Team ( IND )
UK Border Agency

5 August 2009

Dear Vincent Aleck

RE FOI Request Your Ref 16040

Thank you for your recent e-mail concerning the above matter. Your
request is being dealt with under the terms of the Freedom of
Information Act 2000 and we will respond shortly.

Kind Regards

UKBA
FOI Team

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From: Vincent Aleck

6 September 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of UK Border Agency's
handling of my FOI request 'Dual Nationals and EEA family permits'.

This is because the response is overdue and i have not received any
reply, and i have not been told of the reason for the delay.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/du...

Yours faithfully,

Vincent Aleck

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From: Vincent Aleck

15 September 2009

Dear Sir or Madam,

Please confirm your receipt and execution of my internal review
request as required by the law.

Yours faithfully,

Vincent Aleck

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Vincent Aleck left an annotation (26 September 2009)

I have made a formal complaint about the handling of this request with the Information Commissioner’s Office.

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From: Walker Lisa (UKBA International Group)
UK Border Agency

15 October 2009


Attachment FOI 12555 Vincent Aleck.doc
160K Download View as HTML


Dear Mr Aleck,

Please see my letter attached.

Regards,

Lisa

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Vincent Aleck

15 October 2009

Dear Walker Lisa (UKBA International Group),

Thanks - can you please confirm when i will receive the results of
the itnernal review requested in September?

Yours sincerely,

Vincent Aleck

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From: Vincent Aleck

23 October 2009

Dear Sir or Madam,

Is my internal review forthcoming or being actively ignored?

Yours faithfully,

Vincent Aleck

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From: Freedom Of Information Team ( IND )
UK Border Agency

29 October 2009

Dear Vincent Alec

Thank you for your email requesting an internal review, I am sorry for
the delay in responding to you. In order for us to be able to carry out
your request, could you kindly explain why you are not satisfied with
the response you received. Once we have received your response we aim
to respond to you as soon as we can.

Yours sincerely

Freedom of Information Team
UK Border Agency

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From: Vincent Aleck

29 October 2009

Dear Freedom Of Information Team ( IND ),

I do not believe i need to justify an internal review. All of the
details of the case are on the internet on the "what do they know"
site. But to summarise for you:
http://www.whatdotheyknow.com/request/du...

I would like your review to cover all aspects of the handling of
this case, including (but not limited to):
1) the time it took to respond to my multiple requests for a
response
2) why multiple emails went unanswered
3) why certain information requested in the response is not
answered, and no specific exclusion is given
4) etc

Yours sincerely,

Vincent Aleck

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From: Hussain Isra
UK Border Agency

2 December 2009

Dear Mr Aleck

Thank you for your request for an Internal Review regarding the FOI
request ref 12555.

We apologise for the delay in responding to your request for an Internal
Review.

Your case has been passed to a Senior Official to be looked into as a
priority and you will receive a response shortly.

Regards

Freedom of Information Team
UKBA

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From: Vincent Aleck

16 March 2010

Dear Hussain Isra,

I'm still awaiting a response to my internal review request logged
here:
http://www.whatdotheyknow.com/request/16...

Yours sincerely,

Vincent Aleck

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From: Hussain Isra
UK Border Agency

17 March 2010

Dear Mr Aleck

Thank you for your email regarding 16040.

I have enquired as to the progress made on your request for an I/R.

I can confirm that a reply is being finalised and you should receive a
formal response from us shortly.

Regards

Freedom of Information Team
UKBA

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From: Information Access
UK Border Agency

23 March 2010


Attachment 12555.Internal Review Report.22 February 2010.pdf
75K Download View as HTML

Attachment 12555.Covering Letter.22 March 2010.v1.pdf
83K Download View as HTML


Please find attached with regards to your Internal Review.

Information Management Service | Financial and Commercial Group | Lower
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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From: Vincent Aleck

23 March 2010

Dear Information Access,

Thank you for your review.

Yours sincerely,

Vincent Aleck

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Robert Simpson left an annotation (27 April 2011)

They have changed their answer on the UKBA web site. It no longer refers to an example of somebody who is both British and has citizenship of another EU member state:

EUN2.15 Can family members of dual EEA nationals qualify for an EEA family permit?

Yes. A dual German / USA national can rely on their German nationality in order to exercise treaty rights and therefore their family members may apply for an EEA family permit. The applicant will need to show that

- they are an EEA national through the issue
of a passport/ID card and that
- they meet the requirements of the EEA regs
(that is, are exercising Treaty rights, and so on.)

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Things to do with this request

Anyone:
UK Border Agency only: