Dear Home Office,

On 18 December 2014, CJEU ruled that it was "not permitting a Member State to require, in pursuit of an objective of general prevention, family members of a citizen of the European Union who are not nationals of a Member State and who hold a valid residence card, issued under Article 10 of Directive 2004/38 by the authorities of another Member State, to be in possession, pursuant to national law, of an entry permit, such as the EEA (European Economic Area) family permit, in order to be able to enter its territory"

That is, it has been deemed that the Directive mandates that holders of an Article 10 Residence Card as the family member of an EEA citizen cannot be required to obtain any other permit or visa for entry purposes.

Please provide, as a request being made under the FOI Act:
a) guidance issued to UKVI caseworkers and border staff in relation tot his judgment
b) timescales for when UK regulations will be amended to incorporate this court ruling

Regards

BritCits

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BritCits

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Dear R Murphy/FOI Responses

Thank you for your response dated 17 March 2015. I would like to clarify something stated in Annex A, at:

"10.It should be noted that this judgment does not affect the rights of family members of British citizens who have exercised Treaty rights in another EEA member state under the ‘Surinder Singh’ judgment. Such persons should continue to be considered under regulation 9 of the EEA Regulations"

Please clarify whether by the above it is meant that in practice family members of British citizens, holding an Article 10 Residence Card issued by an EEA Member State other than Switzerlan, are thus still required to obtain a UK Family Permit or UK visa, even where the travel is with or to join their sponsor (British).

Specifically, is the Home Office then interpreting the McCarthy judgment as not applying to family members of British citizens, even where the family member holds an Article 10 Residence Card purely because of their relationship with the British citizen who the issuing Member State accepts has exercised their EU treaty rights?

If the answer to the above is yes, please explain why.

As a separate request, please let us know why UK has interpreted McCarthy to not apply to those holding a Swiss Residence Card (appreciate Switzerland is not in the EEA, although there is some allowance for free movement).

Yours sincerely

BritCits

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

General enquiries should be directed to [email address]<mailto:[email address]>

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