Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywK.King mewngofnodwch a gadael i bawb wybod.

Surinder Singh EEA Nationals/EEA Migrants SLC Freedom of Movement Rights

We're waiting for K.King to read a recent response and update the status.

Dear Department for Education,

I previously asked for clarification on three questions, and you stated to ask the Student Loans Company (SLC) in the (Freedom of Information) FOI request here -https://www.whatdotheyknow.com/request/f....

However, when I contact the SLC they responded to contact the DfE for to reasoning why in the FOI here https://www.whatdotheyknow.com/request/u... .

As you are legally responsible for the SLC ultimately your ministerial department is responsible and furthermore SLC have stated you should respond to the three questions -

The Surinder Singh case established that UK nationals that
have exercised their right of residence elsewhere have the same rights as
other EU nationals and could be treated as EEA Nationals.

The assessing eligibility guidance 19/20 states on page 23 states:

In order to decide whether an EEA national can be classed as a
migrant/frontier worker or a Swiss national employed in the UK, SFE should
take into account the case law of the European Court of Justice which has
established the following principles:

Freedom of movement of workers is one of the fundamental freedoms
guaranteed by the EU,
therefore the term ‘worker’, which determined the scope of application of
that freedom, must be
interpreted broadly and not restrictively.

1. So can you please clarify in full why the non eu family member living in
the UK under the basis of freedom of movement enshrined in the EU
Directive 2004/38/EC cannot be assessed under paragraph 6 of Schedule 1 as
a family member of an EEA migrant?

2. Can you clarify why a UK national is not considered an EEA migrant by
SLC, when the non eu family members are in the UK on the basis of the EU
Directive 2004/38/EC and the UK national has to continue to exercise his
treaty rights as a qualified person?

3. Can you clarify why family members of EEA migrants are treated
differently in terms of assessment and funding when compared to non eu
family members of UK nationals that have exercised their treaty elsewhere
before returning to the UK, when both non eu family are using freedom of
movement under the EU Directive 2004/38/EC?”

4. Can you also kindly please provide the legal DFE corrospendence address to serve legal papers?

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.

 

 

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ACCOUNT, Unmonitored, Department for Education

Dear  K King 

Thank you for your recent enquiry which was received on 10/16/2019.

A reply will be sent to you as soon as possible. For information; the
departmental standard for correspondence received is that responses should
be sent within 20 working days as you are requesting information under the
Freedom of Information Act 2000. Your correspondence has been allocated
reference number 2019-0037021.

Department for Education

Ministerial and Public Communications Division

Tel: 0370 000 2288

Web: [1]https://www.education.gov.uk
Twitter: [2]https://www.twitter.com/educationgovuk
Facebook: [3]https://www.facebook.com/educationgovuk

References

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ACCOUNT, Unmonitored, Department for Education

Dear K King 

Thank you for your correspondence of 16 October relating to EEA Migrant
Workers and their rights.

You ask for clarification on why a non-EU family member living in the UK
under the basis of freedom of movement enshrined in the EU Directive
2004/38/EC cannot be assessed under paragraph 6 of Schedule 1 as a family
member of an EEA migrant?

Under paragraph 6 of Schedule 1 to The Education (Student Support)
Regulations 2011 the non-EU family member of an EEA national who is a
migrant worker who has been Ordinarily Resident in the EEA or Switzerland
throughout the three-year period preceding the first day of the first
academic year of the course is entitled to full support.

Family members include:

that person’s spouse or civil partner;

* direct descendants of the person or of the person’s spouse or civil
partner who:

*  are under the age of 21,

* or dependents of the person or the person’s spouse or civil
partner; or

* dependent direct relatives in the ascending line of that person or
that of the person’s

spouse or civil partner.

An EEA national is defined as a national of an EEA State other than the
United Kingdom, consequently, UK nationals cannot be considered as EEA
migrant workers and their family members cannot take advantage of this
provision.

You also ask for clarification as to why a UK national is not considered
an EEA migrant by the SLC, when the non EU family members are in the UK on
the basis of the EU Directive 2004/38/EC and the UK national has to
continue to exercise his treaty rights as a qualified person?

The principle established by the Surinder Singh case was that the right in
European Union law for a person to move from one Member State to another
must include a right to return. Paragraph 8 of Schedule 1 of The Education
(Student Support) Regulations 2011 as amended gives effect to the
principle in this case; namely, eligibility for persons who are settled in
the UK and have exercised a right of residence elsewhere.

Finally you ask for clarification on why family members of EEA migrants
are treated differently in terms of assessment and funding when compared
to non EU family members of UK nationals that have exercised their treaty
elsewhere before returning to the UK, when both non EU family are using
freedom of movement under the EU Directive 2004/38/EC?”

The decision was taken not to automatically confer the same rights on the
family members of such UK nationals as enjoyed by EEA migrant workers if
those family members did not have a right of residence in the UK when
freedom of movement from the UK was exercised. We are confident that this
complies with EU case law.

Any correspondence related to legal matters can be issued to: Department
for Education, Government Legal Department, Level 3, Sanctuary Buildings,
Great Smith Street, London, SW1P 3BT.

I hope this response is helpful.

Your correspondence has been allocated reference number 2019-0037021. If
you need to respond to us, please visit
[1]https://www.education.gov.uk/contactus and quote your reference number.

We need your help to make sure we provide you with excellent customer
service whenever you contact us, and are working closely with the
Institute of Customer Service (ICS) towards becoming an industry leader in
this area. Please follow the link below to complete a 5 minute survey to
tell us what we are good at, and more importantly, what we need to improve
on.

[2]Ministerial and Public Communications Division Feedback Survey 2019

Yours sincerely

M Ingle 

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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Dear Department of Education

Thank you for your response.

This does not comply with EU Law and will be shortly issuing a PreAction Protocol to the Legal address.

As the Home Office and DWP have shown that UK Nationals can be treated as EEA National under Immigration EEA Regulations 2016.

Yours sincerely,

K.King

ACCOUNT, Unmonitored, Department for Education

Thank you for contacting the Department for Education. We can confirm that
we have received the Freedom of Information request you submitted.

We will respond to you within 20 working days.

 

ACCOUNT, Unmonitored, Department for Education

Dear K King 

Thank you for your further correspondence of 6 November, relating to EEA
Migrant Workers and their rights. On this occasion, I have been asked to
reply.

There is nothing further that we can add to our previous response and
acknowledge receipt of your comments, these will be kept on file.

Thank you for taking the time to write to the department.

Your correspondence has been allocated reference number 2019-0039283. If
you need to respond to us, please visit
[1]https://www.education.gov.uk/contactus and quote your reference number.

We need your help to make sure we provide you with excellent customer
service whenever you contact us, and are working closely with the
Institute of Customer Service (ICS) towards becoming an industry leader in
this area. Please follow the link below to complete a 5 minute survey to
tell us what we are good at, and more importantly, what we need to improve
on.

[2]Ministerial and Public Communications Division Feedback Survey 2019

Yours sincerely

M Ingle 

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

References

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1. https://www.education.gov.uk/contactus
2. https://www.tlfadmin.com/view-survey/dep...
3. https://www.education.gov.uk/
4. https://www.twitter.com/educationgovuk
5. https://www.facebook.com/educationgovuk

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywK.King mewngofnodwch a gadael i bawb wybod.