Assessment for non EU family members of UK citizens that exercised treaty rights elsewhere

Roedd y cais yn llwyddiannus.

Dear Department for Education,
RE: Ref: 2019-0031643

In a recent FOI available here: https://www.whatdotheyknow.com/request/a...

The Department for Business, Energy and Industrial Strategy stated the Department Of Education deals with FOI requests as you are responsible for queries relating to the Education (Student Support) Regulations 2011 and that they replied to my FOI on your behalf . Furthermore, they provided a reference about this query shown above in this communication.

The FOI query stated:

"Can you clarify for non EU family members of UK citizens that have exercised their treaty rights elsewhere before returning to the UK with the family who is a qualified person in working. Which paragraphs of liability do they get assessed under in the Education (Student Support) Regulations 2011 (amended) by SLC."

I look forward to hearing from you.

Yours faithfully,

K.King

MINISTERS, Department for Education

1 Atodiad

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Dear Department for Education,

In addition to the above communication -

Can you also kindly clarify what are the full conditions the non eea family members have to meet in that particular paragraph that they will be assessed under in the the Education (Student Support) Regulations 2011?

I look forward to hearing from you.

Yours faithfully,

K.King

MINISTERS, Department for Education

1 Atodiad

Thank you for contacting the Department for Education, you will usually
receive a reply within 15 working days.

You can find out how the department processes your personal information by
reading our [1]Privacy Notice.

 

 

References

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ACCOUNT, Unmonitored, Department for Education

Dear K King

Thank you for your email of 10 September, sent via the ministers’ mailbox,
relating to non-EU family members of UK citizens that have exercised their
treaty rights elsewhere before returning to the UK with the family who is
a qualified person in working. I am sure you will appreciate that
ministers receive a vast amount of correspondence and are unable to answer
each one personally. It is for this reason I have been asked to reply.

You ask which paragraphs these individuals are assessed against in The
Education (Student Support) Regulations 2011 as amended.

The relevant paragraph is Regulation 8(2), this states:

For the purposes of this paragraph, a person has exercised a right of
residence if that person is a United Kingdom national, a family member of
a United Kingdom national for the purposes of Article 7 of Directive
2004/38 (or corresponding purposes under the EEA Agreement or Swiss
Agreement) or a person who has a right of permanent residence who in each
case has exercised a right under Article 7 of Directive 2004/38 or any
equivalent right under the EEA Agreement or Swiss Agreement in a state
other than the United Kingdom or, in the case of a person who is settled
in the United Kingdom and has a right of permanent residence, if the
person goes to the state within the territory comprising the European
Economic Area and Switzerland of which the person is a national or of
which the person in relation to whom the person is a family member is a
national.

I hope that this clarifies the legislation and that you find this
information useful.

Your correspondence has been allocated reference number 2019-0032526. If
you need to respond to us, please visit
[1]https://www.education.gov.uk/contactus and quote your reference number.

As part of our commitment to improving the service we provide to our
customers, we are interested in hearing your views and would welcome your
comments via our website at [2]https://www.smartsurvey.co.uk/s/5BRTL/

Yours sincerely

J Shepherd 

Ministerial and Public Communications Division

Web: [3]https://www.education.gov.uk
Twitter: [4]https://www.twitter.com/educationgovuk
Facebook: [5]https://www.facebook.com/educationgovuk

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5. https://www.facebook.com/educationgovuk

BRIEFINGTEAM, HE, Department for Education

1 Atodiad

Dear K King,

 

Please see our reply in response to your FOI request.

 

Kind Regards

David Lam| Higher Education Strategy and Implementation | Department for
Education | [1][email address] | Ground Floor, Sanctuary
Buildings, Great Smith Street, London, SW1P 3BT

 

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BRIEFINGTEAM, HE, Department for Education

1 Atodiad

Dear K King,

 

Please see our reply in response to your FOI request.

 

Kind Regards

David Lam| Higher Education Strategy and Implementation | Department for
Education | [1][email address] | Ground Floor, Sanctuary
Buildings, Great Smith Street, London, SW1P 3BT

 

References

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