Follow up on T6292/17

Currently waiting for a response from Home Office, they must respond promptly and normally no later than (details).

Dear Home Office

Thank you for your reply to T6292/17. As per the response to that request, you had indicated that your published guidance would be updated - we see this now has been updated, with a section on transitional protection covering - amongst others - those who held a Residence Card or had made an application - before 1 January 2014. Such people are automatically denoted as meeting the genuine residence test.

This would indicate that at the Permanent Resident Card (PRC) stage, for those with transitional protection, no information with regards to the centre of life / genuine residence test needs to be provided. We note however, after having received several queries on this ourselves, that the PRC application form, at Section 10, does however require all applicants to provide this information - this contradicts your own guidance.

Could you therefore please confirm what the position is, and if it is as per the guidance, indicate when the PRC application form will be amended to align with the guidance (and other case law).

Yours faithfully ,

BritCits

FOI Requests, Home Office

Dear Sir/Madame
 
Please be aware that we have decided to handle your correspondence of 07
February 2018 outside the provisions of the Freedom of Information Act.
This is because it does not meet the criteria for a Freedom of Information
request, as it does not ask for recorded information.
 
Below is a link to the ICO guidance for the criteria for valid requests
under the Act:
[1]https://ico.org.uk/media/for-organisatio...
 
We will provide an answer to your query, but it will be answer outside of
the provisions of the Act.  You should expect to receive a response in due
course.
 
Thank you,
 
J. Sisulu
FOI Requests
Home Office
 
 

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