Clarification on EEA Regulation 2016 Surinder Singh Route

singh made this Freedom of Information request to Home Office

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Dear Home Office,

Please deal my email as a FOI request not as an enquiry.

I would like to request for clarification on EEA Regulation 2016 for Surinder Singh cases who have already received residence card (RC) based on the old directive. (RC issued before 25 November 2016.)

EEA Regulation 2016 now requires British Citizen, who has already exercised treaty rights in another member state, to exercise treaty rights as worker, self employed, self sufficient or jobseeker upon their return to UK with their Non EU spouse under Surinder Singh route. This is a clear violation of Eind case law C-291/05. I would like to request home office opinion on this.

If Home office is still planing to scrap Eind case directive from Surinder singh route, will it apply to the applicants, who have already received their residence card under old Surinder singh route prior to 25 November 2016 or is it just for new applications decided after 25 November 2016?

If this is the case then Non EU family members who have been living in UK from last 2-3 years under old Surinder singh route and their British spouse were economically inactive during that time , will the Non EU family member lose their right of residence?

For self sufficiency British spouse does not need to have Comprehensive sickness cover (CSI) as per EEA regulation 2016 so does it mean Non EU spouse does not need to have CSI either if they are employed full time?

Yours faithfully,

singh

Dear Home Office,

For records, My full name is MS Deogan.

Please note in my above request, I am asking for information you hold in relation to my queries.

Yours faithfully,

singh

FOI Requests, Home Office

Dear Singh,

 

Thank you for contacting the Home Office with your request.

 

This has been assigned to a caseworker (case ref 43181). We will aim to
send you a full response by 11/04/2017 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

 

 

 

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FOI Requests, Home Office

Dear MS Deogan,

 

 

Thank you for contacting the Home Office with your request.

 

This has been assigned to a caseworker (case ref 43181). We will aim to
send you a full response by 11/04/2017 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

 

 

 

 

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FOI Responses, Home Office

1 Attachment

Dear Ms Deogan

 

 

 

Please find enclosed response to your FOI Request.

 

 

 

Yours sincerely

 

 

Information Rights Team

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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 'Clarification on EEA Regulation 2016 Surinder Singh Route'.

I received a response from Home office today in regards to my FOI request and it was the exact response i was expecting Home office will give.

You have told me that this information is easily assessible on the home office website, which is not right. Quite a few other people have posted FOI requests in regards to Eea regulations 2016 and Eind regulations but home office approach is to take more than month time (20 working days) to respond to the request by either providing information which people have not asked for or saying information is already available.

Home office is trying to do this to drag these FOI requests as long as possible without providing any information, which is not the right approach.

I am asking for the Eea permanent residence requirement for surinder Singh for people who have already received their eea2 residence card under eea regulations 2006, which does not require British citizen to be a qualified person upon return to UK after excercising treaty rights in another eea country due to Eind case law. In this case if British citizen is economically inactive whether non eea national has to hold CSI for all 5 years or not and what about the number of years they did not hold CSI before 25 November 20!6 (eea regulations 2016 came into force) as it was not the requirement under eea regulations 2006.

Is their any transitional protections for those people who already received eea2 residence card under surinder Singh eea regulations 2006 for eea PR applications?

Please also provide information why Eind is being ignored now as it is a case law and in the past home office has issued Eea 2 residence card and eea PR on the basis of Eind regulations.

I hope I will get the information I am asking for this time otherwise this can be legally challenged in the court as home office is failing to provide this information to quite a few people on their FOI requests. I tried to call eu helpline 3 times about this same query as well and they don't seem to know what is going on and I got different replies all 3 times.

Please provide information held by Home office on my above query.

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

Yours faithfully,

singh

FOI Requests, Home Office

Dear MS Deogan,

 

 

Thank you for contacting the Home Office with your request for an internal
review.

 

This has been assigned to a caseworker (case ref 43181). We will aim to
send you a full response by 12/05/2017 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

 

 

 

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FOI Responses, Home Office

1 Attachment

Dear Ms Deogan,

 

Please see attached completed internal review into the handling of your
above-referenced FOI request.

 

Yours sincerely

 

R Taylor

Information Rights Team

HOME OFFICE

 

 

 

 

 

 

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George left an annotation ()

Hi,

I've been following these FOI with great interest. I have found a guideline published by the home office for direct family members which 'seems' to eliminate the need for a qualified sponsor in UK if you already have PR. It may/may not help but it has not been referred to at all by the home office in any of our requests. Link is https://www.gov.uk/government/uploads/sy...

It is version 5 now updated 21st April. Hope that helps.

singh left an annotation ()

Hi George

Thanks for sharing the above link but it does not state that the spouses of British citizens who have already received their residence cards under eea regulations 2006 will have transitional protections and when they will apply for eea PR they do not need to have CSI cover if British national is inactive in UK.

It seems like Home office has not brought any transitional provisions for those applicants as yet.

George left an annotation ()

Hi,

Yes Home office are ignoring Eind and have stated no transitional arrangements from the surinder singh guidelines they gave you. Seems to be a recurring answer to all our FOIs. my point was if sponsor that is not a BC the EU guidelines state that if sponsor already has PR then they don't need to prove qualification, therefore SS applications are treated glaringly differently as BC already has PR. In fact eea(pr) form does not request BC worker status which is where I am also. Not sure if this is on purpose or a massive mistake. Probably end up at tribunal. Good luck anyway.