Can UK citizens that exercised their EU treaty rights elsewhere be an EEA Migrant worker?

K.King made this Rhyddid Gwybodaeth request to Y Cwmni Benthyciadau i Fyfyrwyr

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Student Loans Company Limited,

Can you please Clarify -

The Education (Student Support) Regulations 2011 (amended) states that UK nationals can not be considered an EEA Migrant.

Does this also include UK nationals that have exercised their EU treaty rights elsewhere in another EEA country and returned to the UK and are working?

Kind Regards

K.King

SLC FOI Requests - Do Not Reply, Y Cwmni Benthyciadau i Fyfyrwyr

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
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If your email is in relation to a student finance application or account
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If your email is not a customer enquiry then it has been passed to the
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SLC's Freedom of Information Office is unable to advise response timescales

for other departments.

dangos adrannau a ddyfynnir

FOI Requests, Y Cwmni Benthyciadau i Fyfyrwyr

Dear K King

Thank you for your email dated 22/08/2019.

Your request is being considered under the terms of the Freedom of
Information Act 2000 (“FOIA”).

Your request has been allocated reference number 156-19.

We will respond to you under the terms of the FOIA and within 20 working
days.

We will contact you further for clarification of your request if this is
considered necessary.

Yours sincerely

Ray Gribben| Solicitor
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
ext: 33841 direct dial: 0141 243 3841

www.gov.uk/slc
Follow us at Twitter/SLCcomms for the latest corporate news and updates

From: "K.King" <[FOI #599088 email]>
To: FOI requests at SLC <[SLC request email]>
Date: 22/08/2019 23:47
Subject: Freedom of Information request - Can UK citizens that exercised
their EU treaty rights elsewhere be an EEA Migrant worker?

Dear Student Loans Company Limited,

Can you please Clarify -

The Education (Student Support) Regulations 2011 (amended) states that UK
nationals can not be considered an EEA Migrant.

Does this also include UK nationals that have exercised their EU treaty
rights elsewhere in another EEA country and returned to the UK and are
working?

Kind Regards

K.King

-------------------------------------------------------------------

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FOI Requests, Y Cwmni Benthyciadau i Fyfyrwyr

Dear K King

I refer to your emails dated 22 August 2019 requesting the following
information under the Freedom of Information Act 2000 (“FOIA”) and to which
we assigned FOI Ref: 156-19:

"Can you please Clarify -

The Education (Student Support) Regulations 2011 (amended) states that UK
nationals can not be considered an EEA Migrant.

Does this also include UK nationals that have exercised their EU treaty
rights elsewhere in another EEA country and returned to the UK and are
working?"

Response

The answer to your query is in essence "no" : a UK national based on the
definition of EEA migrant worker and EEA national as set out in the
Education (Student Support) Regulations 2011 (as amended)(hereafter "the
Regulations") would not qualify as an EAA migrant worker under and in terms
of the Regulations.

However a UK national who has exercised their rights of residence in
another EU Member State and who returns to the UK may qualify under
paragraph 8 of Schedule 1 of the Regulations which applies to persons who
are settled in the UK and have exercised a right of residence elsewhere.
See: http://www.legislation.gov.uk/uksi/2011/...

Internal review process
If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.

Internal review requests should be submitted within two months of the date
of receipt of the response to your original request and should be addressed
to the Freedom of Information Office, Student Loans Company Limited, 100
Bothwell Street, Glasgow, G2 7JD, or by email: [SLC request email].
Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a decision.
The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Ray Gribben| Solicitor
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
ext: 33841 direct dial: 0141 243 3841

www.gov.uk/slc
Follow us at Twitter/SLCcomms for the latest corporate news and updates

dangos adrannau a ddyfynnir

Dear FOI Requests,

Thank you for your response.

You stated “in essence no" .Can you please clarify what you mean by “in essence” ? As I was expecting a no or yes answer.

Furthermore, Can you kindly clarify what conditions a direct family members such as a wife or a child may qualify under Paragraph 8 of Schedule 1 as family member of UK national that exercised his right of residence elsewhere?

Yours sincerely,

K.King

SLC FOI Requests - Do Not Reply, Y Cwmni Benthyciadau i Fyfyrwyr

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.

If your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,

your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
https://www.slc.co.uk/contact.aspx.

If your email is not a customer enquiry then it has been passed to the
relevant department.

SLC's Freedom of Information Office is unable to advise response timescales

for other departments.

dangos adrannau a ddyfynnir

FOI Requests, Y Cwmni Benthyciadau i Fyfyrwyr

Dear K King

Thank you for your email dated 02/09/2019 and we note all you write.

The answer would be "no".

In relation to your supplemental query we would refer you to the Assessing
Eligibility Guidance Chapter for 2019/20 -
https://www.practitioners.slc.co.uk/medi...

The section on relevant provision is available at para 3.11 starting on
page 26.

We trust this clarifies and assists.

Yours sincerely,

Ray Gribben| Solicitor
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
ext: 33841 direct dial: 0141 243 3841

www.gov.uk/slc
Follow us at Twitter/SLCcomms for the latest corporate news and updates

From: "K.King" <[FOI #599088 email]>
To: FOI Requests <[SLC request email]>
Date: 02/09/2019 15:57
Subject: Re: Fw: Freedom of Information request - Can UK citizens that
exercised their EU treaty rights elsewhere be an EEA Migrant
worker? FOI Ref 156-19

Dear FOI Requests,

Thank you for your response.

You stated “in essence no" .Can you please clarify what you mean by “in
essence” ? As I was expecting a no or yes answer.

Furthermore, Can you kindly clarify what conditions a direct family members
such as a wife or a child may qualify under Paragraph 8 of Schedule 1 as
family member of UK national that exercised his right of residence
elsewhere?

Yours sincerely,

K.King

dangos adrannau a ddyfynnir

Dear Student Loans Company Limited,

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

I am writing to request an internal review of Student Loans Company Limited's handling of my FOI request 'Can UK citizens that exercised their EU treaty rights elsewhere be an EEA Migrant worker?'.

The response from an SLC solicitor on 2 September 2019 stated:

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

In the response, SLC stated "in essence no". However this gives room for legal argument that it was not a complete no, because stating "in essence" shows that the solicitor withheld information for my FOI.

In essence eludes to the fact that UK migrants that have exercised their treaty rights elsewhere, can be considered EEA migrants.

So can I please get a full and whole response, that is free from ambiguous language.

Yours faithfully,

K.King

SLC FOI Requests - Do Not Reply, Y Cwmni Benthyciadau i Fyfyrwyr

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.

If your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,

your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
https://www.slc.co.uk/contact.aspx.

If your email is not a customer enquiry then it has been passed to the
relevant department.

SLC's Freedom of Information Office is unable to advise response timescales

for other departments.

dangos adrannau a ddyfynnir

FOI Requests, Y Cwmni Benthyciadau i Fyfyrwyr

Dear K King

We refer to your email dated 3rd September 2019 requesting an internal
review.

Your request has been allocated reference IR06-19.

We aim to respond to requests for internal reviews within 20 working days.

Yours sincerely

Louise Chapman | Senior Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD

[1]www.gov.uk/slc
Follow us at [2]Twitter/SLCcomms for the latest corporate news and updates

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FOI Requests, Y Cwmni Benthyciadau i Fyfyrwyr

1 Atodiad

Dear K King

Please find attached our response to your recent request for an internal
review.

Yours sincerely

Louise Chapman | Senior Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

[1]www.gov.uk/slc
Follow us at [2]Twitter/SLCcomms for the latest corporate news and updates

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References

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