Infringement Proceedings Re Centre of Life & Surinder Singh

The request was partially successful.

Dear Home Office,

1. What is the results of the initiated infringement proceedings done by the EU
Commissioner in June 2013 against the UK, under Article 258 of the Treaty on
the Functioning of the European Union (TFEU) for failure to transpose EU law on
free movement of EU citizens on returning nationals correctly (under Singh-
Surinder route)?

2. Are you aware of any expected changes to Regulation 9 of the 2006 Regulations
in the Immigration (European Economic Area) Act after the ECJ ruling in the case
C-456/12 O and B - that explicitly confirmed the provisions of the Directive “apply
by analogy” upon return to the Member State of origin. Moreover, it confirmed
that it is not for the national authorities or courts to determine whether EU
citizens have settled in the host Member State and whether, on account of living
as a family during that period of genuine residence, their family members
enjoyed a derived right of residence there under the Directive.

3. How many cases have been refused under Reg 9 Centre of Life and how many have been settled/granted on litigation?

Yours faithfully,

Kahiye Alim

FOI Requests, Home Office

Ms Alim,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 48403). We will aim to send you a full response by 30 April 2018 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,

J Douglas
FOI Requests
Home Office

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FOI Requests, Home Office

Ms Alim,

Further to below, please note the deadline to response is in fact 30 May 2018. Please disregard the below email.

Thank you,

J Douglas
FOI Requests
Home Office

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FOI Responses, Home Office

1 Attachment

Dear Kahyie Alim

 

 

Please find enclosed response to your Freedom of Information Request.

 

 

Yours sincerely

 

 

BICS and Europe Correspondence

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