need for continuous residence of the EEA (FM) sponsor in the UK

Waiting for an internal review by Home Office of their handling of this request.

Dear Home Office,

I have four queries about the EEA (Family Member) residence card application rules, please reply to them individually number wise:

1) When a EEA national (UK national working in EU for long time) applies for UK EEA (FM) residence card for non-EEA dependant parents, is there a requirement for the EEA National (Sponsor) to be continuously residing in UK after the application for EEA (FM) for dependant parents has been made?

2) If there is a requirement of continuous residence for the EEA natinoal (Sponsor) how will the home office assess the period of residence of EEA national (UK) to be suitable for the applicaiton for EEA (FM) residence card of dependant parents?

3) In the inspection checks by the Immigration Officers, do the Immigration officers require the Sponsor (EEA national) to be present at the same time?

4) Is the EEA national (Sponsor) required to undertake "Work in the UK" while he is applying for the EEA (FM) for dependant parents even if he has sufficant funds to support himself and dependants?

Yours faithfully,

Ahmad

DMC (Croydon), Home Office

Dear Sir/Madam,

Thank you for your e-mail dated 29 May.

1) It is not entirely clear from your email if you are a British National working in another EU state as you mention (UK national working in EU for long time) and if your parents and in the UK or overseas. If you are a British National then you would have to submit an application under the immigration rules and not the European rules.

For questions 2,3 & 4) I have presumed that you are not a British National.
The family member of an EEA national who is a 'permanent resident' or a 'qualified person' can apply for a residence card. A qualified person is someone who is in the UK and one of the following applies:

they’re working
they’re self-employed
they’re self-sufficient
they’re studying
they’re looking for work (only if they meet certain conditions)

So you should be residing in the UK continuously and meeting one of the above conditions. I am unable to comment on any inspection checks that may be conducted.

I hope this information is helpful.

Yours faithfully,

M. Smyth
Customer Service operations
UK Visas and Immigration

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Dear DMC (Croydon),

Thanks for the response. You have not been able to understand my query

I am a UK national and I am living in another EU country, My questions 1-4 were asked in reference to the fact that the UK citizens excercising treaty rights in another EU country upon returning to the home country are subject to the EU rules and not the host country (UK) rules (reference: Surinder Singh case law in ECJ). Also see https://www.gov.uk/family-permit/surinde...

Please reply in relation to me being a UK citizen living in the EU and returning to UK.

Yours sincerely,

Ahmad

DMC (Croydon), Home Office

Dear Sir/Madam,

Thank you for your email of 09th June 2016.

We are unable to assist you with your enquiry as this is regarding applying from overseas for an Entry Clearance Visa and issues arising from this or regarding a refund for your visa application from overseas.

Please refer to the link below for further assistance;

https://ukvi-international.faq-help.com/

Should you need to ask a question about the visa application process you will find the telephone number and a form to email your enquiries, the email option is free of charge. There may also be web chat available.

We are unable to intervene in individual cases but full guidance about whether you can appeal against the decision or request an administrative review can be found on our website at: www.gov.uk/immigration-asylum-tribunal/a....

Please be advised that decisions on visitor visa applications do not have a right of appeal or the right to an administrative review. You may submit a fresh application at any time but you should address the grounds for refusal in your previous application, if you choose to reapply.

If you wish to make a complaint you can do so by following the instructions at this link.https://www.gov.uk/government/organisati...

Please do not reply to this email address. This email account is used only for sending out replies to correspondence. Emails sent to it will not receive a reply. Contact us by email or phone from outside the UK at: www.gov.uk/contact-ukvi-outside-uk or within the UK at: www.gov.uk/contact-ukvi.

Yours sincerely,

UK Visas and Immigration

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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 'need for continuous residence of the EEA (FM) sponsor in the UK'.

The replies from the home office staff so far have not addressed the questions I have asked. This is probably because they have not read the questions asked.

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

Yours faithfully,

Ahmad