Dear Home Office,
The 2016 EEA Regulations are silent on the transitional arrangements which apply to those who received their Residence Card before 25 November 2016.
Our understanding from an earlier FOI request to your organisation, as well as the caseworkers guidance, is that the 2016 regulations do not apply to those who were already issued with a Residence Card by 25 November 2016. However this is not clearly set out in the regulations.
Could you please provide communications on the discussions had over the drafting of the regulations so we can ascertain whether the silence in the 2016 Regulations is deliberate or an oversight.
We are also looking for clarification on the transitional protection afforded to family members following the changes on 1 January 2014 - the transitional protection note only mentions spouses and civil partners, but is silent on other family members as allowed under the Directive, such as parents.
Please consider this as a request under the Freedom of Information Act for all communications pertaining to how the EEA regulations have evolved since 2013 to present time, including in relation to the transitional provisions each time a change has been made to either the 2006 or 2016 EEA regulations. If there is a cost aspect here which would prevent you from sharing all the relevant communications we are happy to receive only those relevant to Regulation 9.
Thank you for contacting the Home Office with your request.
This has been assigned to a caseworker (case ref 44012). We will aim to send you a full response by 19/6/2017 which is twenty working days from the date we received your request.
If you have any questions then please do not hesitate to contact us.