Clarify Residence Card rules after 25 November 2016

K.King made this Rhyddid Gwybodaeth request to Home Office

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 Home Office,

I am asking for clarification on recorded information.

On 29 March 2019 the Home Office published a document called Free Movement Rights: family members of British Citizens Version 4.0, available here :


On page 29 of 31 it states:

"If a residence card was issued before 25 November 2016, you must accept that the British citizen was a qualified person during any time spent in the UK, while the document was valid (up to 25 November 2016.)

Where they are also relying on residence after 25 November 2016, you must ensure that both of the following points apply:

• the applicant has provided evidence showing the British citizen has been the equivalent of a qualified person in the UK since 25 November 2016
• non-British citizen family members have held comprehensive sickness insurance (CSI) during any period(s) since 25 November 2016 in which the British citizen is or was a self-sufficient person or student in the UK."

Can you clarify whether this means after 25 November 2016 the British citizen must have been a qualified person for the status of their family members to be valid?

Yours faithfully,


FOI Requests, Home Office

Dear K.King,



Please be aware that we have decided to handle your correspondence of 06
September 2019 outside the provisions of the Freedom of Information Act.
This is because it does not meet the criteria for a Freedom of Information
request, as it does not ask for recorded information.


Below is a link to the ICO guidance for the criteria for valid requests
under the Act:



We will provide an answer to your query, but it will be answered outside
of the provisions of the Act.  You should expect to receive a response in
due course.


N McKenzie

Home Office




dangos adrannau a ddyfynnir

UK Visas and Immigration,

Dear K.King,
Thank you for your enquiry dated 6th September about Clarify Residence
Card rules after 25 November 2016.
Our response to your enquiry will involve asking for or disclosing your
personal data.  We cannot do this via ‘’, which is a
public website.  I would therefore be grateful if you would let us have
your personal e-mail and the query to which we can reply.
Alternatively, if you would like to contact us directly, you can at the
following address:
[1][email address]
Please also refer to our website for guidance by using this link:
Please note the onus is upon individual customers to ensure that they
satisfy the requirements for the visa they are applying for.  Guidance
material accompanies each and every application and should be considered
when making an application. UK Visas and Immigration is not able to give,
indicate or advise upon the outcome of any such application prior to it
being given full and careful consideration. 

Directing you to the guidance material is the only advice we can give you.
If you need any further help you should seek independent immigration
advice. Immigration advisers can help you with immigration matters,
including completion of forms and representing you at a tribunal. The
Office of the Immigration Services Commissioner (OISC) regulates
immigration advisers, which mean they must meet certain standards. 

Please see the below link to find an immigration adviser:


Yours Faithfully,

Alex Vandelay
UK Visa and Immigration



UKVI Contact Centre

Website: [4]


Please note that we cannot provide case specific advice or pre-assess an
application but we can provide information and support you through
signposting and website navigation. If you require more specific advise
then please speak to a qualified immigration advisor


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