Status of non eea family member based on?

The request was successful.

Dear Home Office,

1. Can you please clarify whether the "status" of an EEA family member, that is a non eu national, that is married to a UK national that exercised his treaty right before returning to the UK is based on

- their partner continuing to exercise their treaty rights as a qualified person?

or

- based on the expiry date stated on their UK issued EU residence card valid for 5years?

2. Can you also clarify when the UK residence card expires after 5 years, does this mean that the non eea family member has no status or do they automatically gain permanent residence rights without applying?

3. Can you also clarify is the UK issued EU residence card valid for 5 years merely confer status of the individual during that 5 year period or is it a visa?

4. Can you also clarify do non eea family member with a UK issued EU residence card have the same rights as their UK partner?

Yours faithfully,

K.King

FOI Requests, Home Office

Dear K.King,

Please be aware that we have decided to handle your correspondence of 03 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:
https://ico.org.uk/media/for-organisatio...

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

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UK Visas and Immigration,

Dear Sir/Madam,
 
Thank you for your correspondence dated the 4th September.
 
Our response to your enquiry will involve asking for or disclosing your
personal data.  We cannot do this via ‘WhatDoTheyKnow.com’, 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:
[2]https://www.gov.uk/homeoffice”.
We provide this e-mail response whenever the enquiry is “case specific”.
Please note the onus is upon individual customers to ensure that they
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material accompanies each and every application form. 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
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Please see the below link to find an immigration adviser:
 
[3]https://www.gov.uk/find-an-immigration-a...
 
Yours Faithfully,
 
Tammy Brusby
UK Visa and Immigration

 

 

UKVI Contact Centre

Website: [4]www.gov.uk/home-office

 

[5]Image
Please note that we cannot provide case specific advice or pre-assess an
application but we can provide information and support you through
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Dear UK Visas and Immigration,

My email address is [email address] for you to privately respond to my query.

My query is;

1. Can you please clarify whether the "status" of an EEA family member, that is a non eu national, that is married to a UK national that exercised his treaty right before returning to the UK is based on?

- their partner continuing to exercise their treaty rights as a qualified person?

or

- is it based on the expiry date stated on their UK issued EU residence card valid for 5years?

2. Can you also clarify when the UK residence card expires after 5 years, does this mean that the non eea family member has no status or do they automatically gain permanent residence rights without applying?

3. Can you also clarify is the UK issued EU residence card valid for 5 years merely confer status of the individual during that 5 year period or is it a visa?

4. Can you also clarify do non eea family member with a UK issued EU residence card have the same rights as their UK partner?

Yours faithfully,

K.King

Yours sincerely,

K.King

Yours sincerely,

K.King