2017 Eea guidelines seem to ignore Eind

George made this Freedom of Information request to Home Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Home Office.

Dear Home Office,

Under Surinder Singh, a British national can return with their non-eea family member to the UK after exercising treaty rights in another member state. Eind states that the British national can return but does not need to exercise treaty rights once in the UK. The guidelines updated in february 2017 state that for EEA(pr) the British citizen has to now be qualifying for the full 5 year period to obtain PR which is ignoring the Eind ruling. Can you clarify the reason why Eind is no longer relevant even though it is case law and why your guidelines are now requesting something new for surinder singh cases.

Yours faithfully,

George

Sukwant Singh left an annotation ()

George, they won't respond if you don't tell them your formal name.

First names are not sufficient. The following would be:
Mr George
Mr G. George
G. George
George David

Just bear in mind also, that if this request goes to the Information Tribunal, you'd likely need to provide proof of your ID.

Dear Home Office,

Clarifying my name as Ms. G Morris

Yours ,

Ms G. Morris

FOI Requests, Home Office

Dear George,

 

 

Thank you for contacting the Home Office with your request.

 

This has been assigned to a caseworker (case ref 43086). We will aim to
send you a full response by 31/03/2017 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.

 

 

Thank you,

 

N McKenzie

FOI Requests

Home Office

 

 

 

show quoted sections

FOI Requests, Home Office

Dear Ms G. Morris,

 

Thank you for contacting the Home Office with your request.

 

This has been assigned to a caseworker (case ref 43089). We will aim to
send you a full response by 03/04/2017 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.

 

 

Thank you,

 

N McKenzie

FOI Requests

Home Office

 

 

 

show quoted sections

FOI Requests, Home Office

Dear Ms. Morris,

 

Thank you for contacting FOI Requests. Your original request did not ask
for recorded information and therefore did not meet the criteria for a
valid request under the Freedom of Information Act 2000.  Therefore, your
email is being answered outside of the Act.  You will receive a response
in due course. As is not a valid FOI request it is not subject to an
Internal Review.

 

You should have been notified of this sooner and for this I apologies on
behalf of the Home Office.

 

Regards

 

N McKenzie

 

 

 

 

show quoted sections

Sukwant Singh left an annotation ()

George, change the request slightly. Don't ask for clarification, ask for information as to the change...
=------------
Under Surinder Singh, a British national can return with their non-eea family member to the UK after exercising treaty rights in another member state. Eind states that the British national can return but does not need to exercise treaty rights once in the UK. The guidelines updated in february 2017 state that for EEA(pr) the British citizen has to now be qualifying for the full 5 year period to obtain PR which is ignoring the Eind ruling.

#####
Can you please provide the information you store as to why Eind is no longer relevant even though it is case law and why your guidelines are now requesting something new for surinder singh cases

Public Enquiries (CD), Home Office

1 Attachment

Thank you for your e-mail enquiry.

 

A reply is attached.

 

Public Enquiries

 

show quoted sections

Dear Public Enquiries (CD),

Eind states:
When a worker returns to that latter Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No 1612/68, which applies by analogy, to reside in the State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. ,

There is no time limit on this, ie 3 months. Therefore advise why Eind is being ignored as you have just confirmed and you now require proof of 5 years economic activity in the UK for PR for Surinder Singh cases . Also advise why your form EEA(PR) also does not request proof of economic activities in the UK for those using the Surinder Singh route, only that of proof of economic activities in the EU before returning to the UK.

Yours sincerely,

George

Public Enquiries (CD), Home Office

Thank you for contacting the Home Office.

 

Your message has been logged.

 

We aim to provide a response within 20 working days.

show quoted sections

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request '2017 Eea guidelines seem to ignore Eind'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
I have been given false information with regards to my question. Worker rights are not lost after 3 months and I should not be applying under uk immigration. Under the 2016 regulations I believe there is an attempt to implement eind under section 9 (7), namely
For the purposes of determining whether, when treating the BC as an EEA national under these Regulations in accordance with paragraph (1), BC would be a qualified person—

(b)in assessing whether BC can continue to be treated as a worker under regulation 6(2)(b) or (c), BC is not required to satisfy condition A;

(c)in assessing whether BC can be treated as a jobseeker as defined in regulation 6(1), BC is not required to satisfy conditions A and, where it would otherwise be relevant, condition C.

Yet within your guidelines you are expecting BC jobseekers to meet conditions A and C. In addition, the eea(pr) form you do not ask for five years proof of status within the uk for surinder singh cases, only that of the eea state so there is no mechanism to provide the current status of the BC in the uk. There have been several frustrating FOI on this matter that have remained unsatisfactory answered and I have also made my MP aware. Basically, your published guidelines are ommiting eind and seemingly regulation 2016 conditions 9(7). Could you provide any internanal guidelines, notifications that provide these ommisions and provide the timeslines as to when the published guidelines will be updated to include these ommissions.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/2...

Yours faithfully,

George

FOI Requests, Home Office

Dear Ms. George,

 

Thank you for contacting FOI Requests. Your original request did not ask
for recorded information and therefore did not meet the criteria for a
valid request under the Freedom of Information Act 2000.  Therefore, your
email was answered outside of the Act.  As it is not a valid FOI request
it is not subject to an Internal Review.

 

I have passed your email to team who dealt with your orginal request to
respond.

 

Thank you

 

FOI Team

Home Office

 

 

show quoted sections

Dear FOI Requests,

I have filed a new request reworded so that it can be covered by FOI

Yours sincerely,

George