Non EU Family Member of an EEA National's right to vote

Sukwant Singh made this Rhyddid Gwybodaeth request to Birmingham City Council

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 Birmingham City Council,

Please can you provide me with information in regards to the elegibility of an EEA National Family Member's right to vote in local elections.

I note that under Directive 2004/38/EC a family member (as defined in Article 2 of said directive) may no be discriminated against under any ground - including that of their nationality.

I therefore request that you provide me with information you store outlining the elegibility of say an Indian wife of a french man to vote in local government elections.

Yours faithfully,

Sukwant Singh

FOI Mailbox, Birmingham City Council

1 Atodiad

Dear Mr Singh


Please see the attached for your Freedom of Information request.


Yours sincerely

Corporate Information Governance Team



Performance & Information Division

10 Woodcock Street



B7 4BG

0121 303 4876/2080



dangos adrannau a ddyfynnir

Dear FOI Mailbox,

Ref 10080

Robert, thank you so much for your speedy response. It appears that my request may have been a little too specific, and therefore unclear.

Can you please respond to my request on the basis that the non eu Is not a commonwealth citizen.

I believe that would effect both the usa and indonesia citizens for example whilst south african, canadian and malaysian citizens would not be effected.

If these citizens were to reside in the uk under directive 2004//38/ec it would be unlawful to prevent such citizens from registering on the electoral register.

Inability to register could have a significantly negative efffect on such as their credit scores, which would therefore hinder their integration into the life of the community.

Yours sincerely,

Sukwant Singh

Gadawodd Wayne Pearsall anodiad ()

This got me thinking...
Birmingham City Council:

Stratford District Council:

Dear Birmingham City Council,

Ref 10080

On 4th February I sent a clarification of my request. I understand that such a clarification resets the time limit and thus the 4th February became Day 1 of my request.

Robert previously responded to my request the following day which I thank him for, but I have had no response or confirmation to my follow up message.

Could you please confirm that you are looking into my amended Freedom of Information request in regards to Family Members of EEA Nationals being entitled to vote in elections and register on the electoral register.

Yours faithfully,

Sukwant Singh

FOI Mailbox, Birmingham City Council

Dear Mr Singh

We acknowledge receipt of your clarification dated 4th February 2014. Your request has been sent to the service area to provide the information you are seeking. As soon as they have collated this information a response will be sent out to you.

Yours sincerely

Corporate Information Governance Team

dangos adrannau a ddyfynnir

ElectionsOffice, Birmingham City Council

1 Atodiad

Dear Mr Singh,


Thank you for your recent email.


On reading your enquiry, I think you are asking about a person who is not
a member of the European Union or a Commonwealth Citizen and I assume not
a British Citizen either.


Therefore under current legislation for electoral
registration,(Representation of the People Act 1983)  they are not
eligible to register to vote in any UK elections due to their nationality.
I am attaching a document that is used to identify all the relevant
countries in the Commonwealth and European Union to which we adhere.


You are correct in stating that USA and Indonesian citizens would not be
eligible to register for voting under the current laws laid down in
Parliament for electoral registration.


The current legislation would need to be changed to allow citizens who are
allowed to reside in the UK under a EC directive, but do not meet the
requirements under electoral law as it stands currently, to be able to
register themselves. As such we have no discretion in this matter


I hope this is of help to you.


Robert Connelly Solicitor,

Head of Electoral Services Birmingham City Council Legal & Democratic
Services, The Council, Victoria Square, Birmingham, B1 1BB

Tel: 0121 303 2443

Fax: 0121 212 1065


Please note:

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dangos adrannau a ddyfynnir


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Gadawodd Wayne Pearsall anodiad ()

Pretty much the response my wife got from Stratford District Council.

Pre Action Letter sent to both Stratford and the Electoral Commission.

Even this FOI Response outlines that under the EC Directive such EEA Family Members SHOULD be entitled to vote, but cannot due to the UK's restrictive laws.

Part 1 S2:

Local government electors..

(1)A person is entitled to vote as an elector at a local government election in any electoral area if on the date of the poll he— .

(a)is registered in the register of local government electors for that area; .

(b)is not subject to any legal incapacity to vote (age apart); .

(c)is a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union; and .

(d)is of voting age (that is, 18 years or over). .

(2)A person is not entitled to vote as an elector— .

(a)more than once in the same electoral area at any local government election; or .

(b)in more than one electoral area at an ordinary election for a local government area which is not a single electoral area.]

I say the family member of an EEA National is a relevant citizen of the union...