FOI Request for definition of 'centre of life' for immigration purposes

The request was partially successful.

Dear Home Office,

I am making a Freedom Of Information request to ascertain how the Home Office defines 'centre of life' as pertaining to immigration, and written copies of all policy documents covering this. I am also requesting copies of any guidance issued to any officials and officers regarding decision-making regarding this.

I have been unable to find this information, and am looking forward to hearing from you on this matter.

Yours faithfully,

David Hook

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Freedom Of Information Team ( IND ), Home Office

Dear David Hook

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond in due course.

Regards

Information Management Services (IMS),
Corporate Services
Home Office
12th Floor Lunar House, 40 Wellesley Road, Croydon CR9 2BY
www.gov.uk/home-office

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FOI Responses, Home Office

3 Attachments

Dear Mr Hook,

 

Thank you for your email of 12 January 2014. Your request has been handled
as a request for information under the Freedom of Information (FOI) Act
2000.

Please find attached our response and the 2 annexes referred therein.

 

 

Your Sincerely

 

Information Access Team

 

 

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Wayne Pearsall left an annotation ()

I am rather amazed. As I didn't read that you had limited your request to regulation 9.

Although. As they say this is all of the guidance issued. And you asked in relation to immigration purposes and not simply Surinder Singh as they read it. .. This is very useful to know.

UK case law has numerous instances of when a man is considered as habitually resident. .. This is the same thing as Centre of life. ...

The home office simply use the different term because a man is automatically habitually resident under the directive once working.

Dear FOI Responses,

Thank you for your recent response. Other than Regulation 9, is the term 'centre of life' or any other phrase covering the same scope used in any way within the immigration rules?

If so, what other phrases are used, what other immigration purposes do these pertain to, and what guidance is issued regarding these?

I look forward to hearing from you.

Yours sincerely,

David Hook

FOI Responses, Home Office

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European Operational Policy Enquiries, Home Office

Dear Mr Hook,

Thank you for your email of 4th February to the Home Office Freedom of Information team. Please accept my apologies for the considerable delay in responding. This is due to an administrative oversight on our part.

For convenience, I have decided to consider your email as a general enquiry, rather than as a request for information under the Freedom of Information Act 2000, since we do not hold any specific guidance on the question you have asked.

I can confirm that the phrase 'centre of life' does not occur within the UK's domestic Immigration Rules and there is no equivalent phrase therein covering the same criteria. The 'centre of life' test is specific to regulation 9 of the Immigration (European Economic Area) Regulations 2006. I previously released guidance to you on how we apply that test (in response to FOI request 30271).

I trust this has clarified matters and I apologise once again for the delay in responding to you.

Kind regards,

P. Grant
European Operational Policy Team
Immigration & Border Policy Directorate
Home Office

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Meliana Pearsall left an annotation ()

As confirmed by your European advice service in a number of emails. ... The centre of life test does not comply with eind. Singh. Our even that of o case c 456/12. Which the home office refuse to respond to....

illegal much? Oh well. Anyone affected by the UK immigration rules would understand that this is nothing new.

Dear European Operational Policy Enquiries,

Is the Centre of Life requirement also used to assess any applications from any other EEA nationalities, or does this only apply to UK nationals wanting to return after exercising treaty rights?

Yours sincerely,

David Hook

European Operational Policy Enquiries, Home Office

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responsible for your application, you can do so in writing to the
following address:

Home Office
UK Visas and Immigration
European Applications
PO Box 306
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You can find information about applying for a document confirming a right
of residence under European law on the Home Office website:
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European Operational Policy Enquiries, Home Office

Dear Mr Hook,

The 'centre of life' test is applied only in regulation 9 cases - i.e. where a family member of a British citizen claims to benefit under the Surinder Singh judgment.

The rationale behind this is explained in paragraph 7.12 of the explanatory memorandum which accompanied the relevant amending legislation, the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013:

"7.12 These changes have been made to ensure that there has been a genuine and
effective use of free movement rights in the other member State before such rights
may apply by analogy upon return to the UK. The Singh judgment sought to prevent
a possible deterrent to the exercise of free movement rights; such a deterrent can only
occur if the British citizen intends to exercise rights genuinely and effectively in
another member State. This paragraph will also have the effect of preventing abuse
by those British citizens who move temporarily to another member State in order to
circumvent the requirements of the usual immigration rules for their family members
upon return to the UK."

http://www.legislation.gov.uk/uksi/2013/...

Kind regards,

European Operational Policy Team
Immigration & Border Policy Directorate
Home Office

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Wayne Pearsall left an annotation ()

However, This is clear that they have not enacted Case C-109/01 where by it does not matter why the person moved, as long as they did move, and excercise freedom of movement. A Fact that has been repeated in Case C-456/12.

Just a pothole on the clear road home, lol.

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