communication with Ec 2012 eea residence

Amit Hidri 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 partially successful.

Dear Home Office,

In response to Mr Shanderia
https://www.whatdotheyknow.com/request/e...

you refer to communication with the EC in 2012 regarding residence documentation for non eea nationals applying under article 9 and 10.

Please can you provide a full copy of the communication sent to the ec and a copy of their response.

I also note that you didn't answer the question that mr shanderia submitted. On what basis is it lawful for you to require biometric data for a family permit issued in line with article 5

Yours faithfully,

Amit Hidri

FOI Requests, Home Office

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The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
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FOI Responses, Home Office

1 Attachment

Dear Mr Hidri

 

Thank you for your email of 27 June 2014, your request is being handled as
a request for information under the Freedom of Information Act 2000 (‘the
Act’). Please find attached our response

 

Yours Sincerely

 

Information Access 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 'communication with Ec 2012 eea residence'.

"Part 2) ‘On what basis is it lawful for you to require biometric data for a family permit issued in line with article 5?’ This part of your request does not fall to be handled as a request for information under the Freedom of Information Act 2000. Instead, it is being handled as an enquiry about Home Office policy and processes."

Are you sure that my request does not fall within the freedom of information act? I am certain that my request does infact fall within the FOI Act. You hold relevant laws. This information would therefore fall within my request.

You state that Nothing in the Free Movement directive prevents the request of biometric data. However: I am aware that Article 6 states:
"1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen."

Therefore, the only requirement to obtain the necessary visa would be: Proof of ID (Passport), Proof of EU Citizen's right of Free Movement (Again Passport or ID Card) and proof of Family Relationship (Marriage / Birth Certificate)

At no point does the Free Movement directive allow the host member state to take finger prints.

I therefore assume that you are using very carefully selected wording. I note the word "Request" is used instead of "Require".

What would happen if an applicant for an EEA Family Permit refused to submit biometric data. Please provide all guidance issued in reference to processing an EEA Family Permit application, where the non-EU family member of an EEA National has refused to supply biometric data. I read the EC response very clearly in regards to the refusal to provide biometric data no removing the non-eu's right of residence.

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,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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 'communication with Ec 2012 eea residence'. 32195

I write further to my request for internal review.

Having examined your response on a computer at work. It is clear that only two sections of the communication were provided. Two seperate sections.

My request was for the communications in full.

Please therefore add this to my list for internal review. I wish to have the full communications disclosed. My interest is in eu law. All of the communication falls within my request. As was my request.

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,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

FOI Requests, Home Office

1 Attachment

  • Attachment

    Internal review of Freedom of Information request communication with Ec 2012 eea residence.txt

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Amit Hidri

 

Thank you for contacting the Home Office.

 

This will be handled as an internal review of your Freedom of Information
request.

 

The internal review has been assigned to a caseworker who will investigate
and respond to you (ref 32195).

 

We will aim to send you a full response by 28/08/2014 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

 

FOI Requests

Home Office

        

 

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FOI Requests, Home Office

Dear Amit,

 

Thank you for your email of 29 July, concerning your above referenced
request for an internal review.

 

Although we do aim to complete internal reviews within 20 working days,
unfortunately we have not been able to do so in this instance.  I wish to
apologise for this delay, but want to assure you that we are still working
on your request and will provide a substantive response to you just as
soon as we are in a position to do so.

 

I will provide a further update in a month’s time if you do not hear from
me beforehand.

 

Yours sincerely

 

R Taylor

Information Access Team

 

 

 

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, Home Office

Dear Amit,

 

I am writing further to my email of 29 August, in which I said that I’d
provide an update in a month’s time if you had yet to receive a response.

 

We are still in the process of considering your internal review request
and so, regrettably, I am not yet in a position to provide a substantive
response.

 

I am sorry for the continuing delay in this matter, and will again provide
a further update in a month’s time unless you hear from me beforehand.

 

Thank you for your patience.

 

Yours sincerely

 

R Taylor

Information Access Team

 

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, Home Office

Dear Amit,

 

I write to provide a further update on your request for an internal
review.

 

Unfortunately, we are still not yet in a position to provide a substantive
response to your request for an internal review. I apologise for this
on-going delay; it is taking longer than we thought to complete our
response.

 

Although I am unable to provide an exact date as to when we will have
completed our consideration, we will look to issue our response just as
soon as we are able.

 

I shall provide a further update in a month’s time if you do not hear from
me beforehand.

 

Once again, thank you for your patience in this matter.

 

Yours sincerely

 

R Taylor

Information Access Team

 

 

 

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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 'communication with Ec 2012 eea residence'.

Ref: 32195

I have shown more patience waiting for my response than required in law. Should you fail to provide me with a response immediately I shall be raising a formal complaint with both the European Commission and UK ICO on this matter.

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,

Amit Hidri

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have a general immigration enquiry, or require an update on a
specific case, yuo shoul;d contact UKVI directly, contact information can
be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Other ways of contacting the Home Office with non- FOI queries can be
found here: [1]https://www.gov.uk/government/organisati...

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

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1. https://www.gov.uk/government/organisati...

FOI Responses, Home Office

1 Attachment

Dear Mr Hidri

 

 

Please find enclosed response to your FOI request.

 

 

Yours sincerely

 

 

 

Information Access Team

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, Home Office

3 Attachments

Dear Mr Hidri,

 

I would like to apologise for failing to provide an additional update,
other than that dated 24^th October – though in truth, I could have added
very little to that already provided. I am also aware that you sent a
chaser email to the department on 4 November.

 

Finally, I can confirm that we have now completed our internal review into
the handling of FOI response 32195.

 

I wish to thank you once again for your patience and understanding during
this time. I can appreciate how frustrating it must have been whilst you
were waiting for our substantive response to your request, and I do hope
that it has not caused you too much inconvenience.

 

Please now see the attached documents.

 

Yours sincerely

 

Mr R Taylor

Information Access Team

 

 

 

 

 

 

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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Robert Simpson left an annotation ()

Home Office wrote: We have decided to handle this particular request separately, as a brand new FOI, with the following reference CR33473. I understand that a response to this request was sent to you on 10 December.

Did you receive this? What was their answer?

Amit Hidri left an annotation ()