UK Citizen - EEA Migrant - Surinder Singh - freedom of movement

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.

Y Cwmni Benthyciadau i Fyfyrwyr Nid oedd gan y wybodaeth y gofynnwyd amdani.

Dear Student Loans Company Limited,

In a FOI request here https://www.whatdotheyknow.com/request/c... SLC stated that a UK citizen cannot be an EEA migrant worker even if a UK national exercised his EU treaty rights elsewhere before returning to the UK.

How is the above response true when their non eu family members are granted right of residence into the UK under freedom of movement Directive 2004/38/EC, as a family member of an EEA national and issued with an EU residence card accordingly?

Furthermore, the Surinder Singh case established that UK nationals that have exercised their right of residence elsewhere have the same rights as other EU 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?

I look forward to hearing from you.

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
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your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
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If your email is not a customer enquiry then it has been passed to the
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for other departments.

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FOI Requests, Y Cwmni Benthyciadau i Fyfyrwyr

Dear K King

I refer to your recent email dated 10^th September 2019 requesting the
following information under the Freedom of Information Act 2000 (“FOIA”):

“In a FOI request here
[1]https://www.whatdotheyknow.com/request/c...
  SLC stated that a UK citizen cannot be an EEA migrant worker even if a
UK national exercised his EU treaty rights elsewhere before returning to
the UK.

How is the above response true when their non eu family members are
granted right of residence into the UK under freedom of movement Directive
2004/38/EC, as a family member of an EEA national and issued with an EU
residence card accordingly?

Furthermore, the Surinder Singh case established that UK nationals that
have exercised their right of residence elsewhere have the same rights as
other EU 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?”
Response
Question - How is the [previous FOI] response true when their non eu
family members are granted right of residence into the UK under freedom of
movement Directive 2004/38/EC, as a family member of an EEA national and
issued with an EU residence card accordingly?
Response – This question appears to be more a question seeking
clarification of student finance policy in the context of EU law rather
than a request for recorded information.  SLC’s role is to accurately
apply the eligibility criteria within the Education (Student Support)
Regulations 2011, as amended (the “2011 Regulations”).  The content of the
previous FOI is based on the definitions of EEA national and EA migrant
worker set out in the 2011 Regulations.  For clarification on the
reasoning behind this specific provision of the 2011 Regulations we would
direct you to the Department for Education (“DfE”), as the relevant policy
maker.  DfE contact details can be found towards the bottom of the
following webpage -
[2]https://www.gov.uk/government/organisati...

Question - 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?

Response - Under the 2011 Regulations a UK national is not treated as an
EEA national and therefore cannot fall under paragraph 6 of Schedule 1; a
non-EU national who is a family member for an UK national is therefore not
classified as a family member of an EEA migrant worker.  We do not hold
information as to the reasoning behind this provision as SLC is not the
decision/policy maker – as with your other questions we would suggest that
this question would be more appropriately directed to DfE, as the relevant
policy maker.

Question - 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?

Response - A UK national is not considered an EEA migrant by SLC, as the
2011 Regulations specifically preclude this.  As stated above, SLC’s role
is to accurately apply the eligibility criteria within the 2011
Regulations.  We do not hold information that would clarify this provision
as SLC is not the decision/policy maker – as with your other questions we
would suggest that this question would be more appropriately directed to
DfE, as the relevant policy maker.

Question - 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?
Response - As per the answer to question 1, a UK national's non-EEA family
member cannot be considered under paragraph 6 in the Regulations. We do
not hold information as to the reasoning behind this decision as SLC is
not the decision/policy maker – as with your other questions we would
suggest that this question would be more appropriately directed to DfE, as
the relevant policy maker.

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

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

[3]www.gov.uk/slc
Follow us at [4]Twitter/SLCcomms for the latest corporate news and updates

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References

Visible links
1. https://www.whatdotheyknow.com/request/c...
2. https://www.gov.uk/government/organisati...
3. http://www.gov.uk/slc
4. file:///tmp/www.Twitter.com/SLCcomms