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 ,
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:
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
Dear FOI Requests,
Thank you for your reply. Could you please indicate when by we can expect a response to this request?
Thank you for your email of 17 March 2018. As your request did not meet
the criteria for a Freedom of Information request, as it did not ask for
recorded information, we decided to handle your correspondence of 07
February 2018, outside the provisions of the Freedom of Information Act.
I have forward your email to the team dealing with your request for a
FOI Home Office
Dear Public Enquiries (CD),
Thank you for your reply.
However it doesnt really address the question. Would those with transitional protection (UK Residence Card applied for and/or issued before 1 January 2014, be ones who need to tick the first box?
"I have, or was last issued with, a registration certifcate or residence card, or entered the UK
with a valid EEA family permit, as the family member of the relevant British citizen, and that
document has not since been revoked or cancelled.
Complete subsections A and B. Make sure you have also given details of your previous
document in section 5."
This would correspond with the guidance that this group of people do not need to demonstrate genuine residence etc because they are assumed to have already satisfied the test and thus do not need to complete section C. For those who do not have transitional protection though, they do need to complete section C. Is that a correction interpretation of the guidance and application form?
Thank you for contacting the Home Office.
Your message has been logged.
We aim to provide a response within 20 working days.