Dear R Murphy/FOI Responses

Thank you for your FOI 34444 response dated 17 March 2015 at https://www.whatdotheyknow.com/request/m....

I have submitted a clarification request related to this however it is unclear whether the Home Office will deal with it, as an autoresponse appears to confirm receipt of my message but then I have also been sent some error messages that incoming messages are not accepted.

Hence this a new entry for request for clarification, which I'd appreciate you could acknowledge receipt of and respond to promptly, given it is related to an ongoing request already.

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

FOI Requests, Home Office

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The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

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
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

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References

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1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Selamat Pagi left an annotation ()

Switzerland is an eea member state according to the EEA REGS. No different to France.

Dear FOI Requests,

Your response has been delayed. I understand that by law, the Home Office should have responded promptly, and certainly by no later than 17 April 2015.

Yours sincerely,

BritCits

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

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
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

Lola berwoots left an annotation ()

Any news on this BritCits? Incommensurably grateful for any update.

Jade Beade left an annotation ()

I also posted a similar query but I guess the Home Office doesn't like giving straight answers. Here's my FOI request here: https://www.whatdotheyknow.com/request/e...

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'McCarthy ruling -2'.

No acknowledgement nor response, representing a severe delay. If no satisfactory response recived in the next two working days, I shall be lodging a complaint with the ICO.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/m...

Yours faithfully,

BritCits

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.

If you have submitted a valid FoI request, we will acknowledge your
request within 48 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act

PLEASE NOTE

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
[1]https://www.gov.uk/visas-immigration

General enquiries should be directed to
[2][email address]  

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. https://www.gov.uk/visas-immigration
2. mailto:[email address]

BritCits left an annotation ()

We contacted the Information Commissioner's Office which on 27 July 2015 ordered that the Home Office respond to this request within 35 days, failing to do so could result in the Commissioner taking this to High Court..

BritCits left an annotation ()

Response eventually received. Copy enclosed here: https://www.scribd.com/doc/282471332/FOI...

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