November 2016 EEA regulation changes

Response to this request is long overdue. By law, under all circumstances, Home Office should have responded by now (details). You can complain by requesting an internal review.

Dear Home Office

Historically, British nationals who wished to be treated as EEA nationals were required to live and work in another member state, before their return to the UK. My request now relate to the changes made to the EEA regulations in November 2016, although I note that there have been no changes to the EU Directive nor any new case law to support to changes Home Office has made.

In 2014, the regulations were amended to reflect centre of life provisions, although transitional protection was afforded to some whose Residence Cards had been issued or applied for.

1) Could you please provide clarification on who this transitional protection applied to, and what this meant for them?

With the more recent changes, significant new changes have been made. There is a reference in the regulations that this applies to those who have not already been issued a Residence Rard, or for whom a decision on their application has not yet been made.

Could you therefore please clarify the transitional protection situation for those who
2) had a Residence Card issued, or a decision made prior to the 2014 changes
3) had a Residence Card issues, or a decision made prior to the 2016 changes

In particular, we would like confirmation on the provisons made to exempt those who fall into 2) and 3) above from the changes, bearing in mind that the changes require significant new evidence which for those who lived in the other member state several years ago, may no longer exist....as the regulations didn't require this evidence at that time. This particualrly affects those who apply for a replacement Residence Card or Permanent Residence Card.

Yours faithfully,

BritCits

FOI Requests, Home Office

BritCits,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 43607). We will aim to send you a full response by 17/05/2017 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,

P. Zebedee
FOI Requests
Home Office

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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 'November 2016 EEA regulation changes'.

A response to my request is now overdue.

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,

BritCits

FOI Requests, Home Office

Dear BritCits,

 

Thank you for contacting FOI Requests. Your original request did not ask
for recorded information and therefore did not meet the criteria for a
valid request under the Freedom of Information Act 2000.  Therefore, your
email is being answered outside of the Act.  You will receive a response
in due course. As is not a valid FOI request it is not subject to an
Internal Review.

 

You should have been notified of this sooner and for this I apologies on
behalf of the Home Office.

 

I have noptified cthe team dealing with your original email.

 

Thank you

 

FOI Team

Home Office

 

 

 

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Public Enquiries (CD), Home Office

1 Attachment

Thank you for your e-mail enquiry.

 

A reply is attached.

 

Public Enquiries

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Dear Public Enquiries (CD),

Thank you for your reply. However it is not complete.

In reference to the transitional provisions which applied when Regulation 9 of the 2006 regulations was amended on 1 January 2014, you refer to spouses and partners. However there is no mention of the transitional arrangements for other family members who fall under the same regulation 9 and are classified as family members under the Directive, such as parents / grandparents.

Could you please clarify the transitional provisions for these family members (i.e. those other than spouse/partner which you have provided information on) ?

Yours sincerely,

BritCits

Public Enquiries (CD), Home Office

Thank you for contacting the Home Office.

 

Your message has been logged.

 

We aim to provide a response within 20 working days.

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Public Enquiries (CD), Home Office

1 Attachment

Thank you for your e-mail enquiry.

 

A reply is attached.

 

Public Enquiries

 

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Dear Public Enquiries (CD),

Thank you, this clarification is useful. Reading both your responses now, while it is clear who the 1 Jan 2014 transitional protection applies to, it is less clear on the other aspects. I set out a summary below covering all four categories of applicants as I see it. Could you please clarify that my understanding of the application of the regulations and your replies (relevant to Reg 9) is right - or confirm/correct as applicable?

1) for those who fall in the pre 1 Jan 2014 category, they can rely on the 2014 transitional protection and thus rely on the 2006 regulations pre 1 Jan 2014, including for permanent residence purposes

2) for those who had received their Residence Card before 25 Nov 2016, but whose applications were made after 1 Jan 2014 (and thus they do not fall within 1) above) they can rely on the 2006 regulations as amended on 1 Jan 2014, including for permanent residence purposes

3) for those who had made their Residence Card application before 25 Nov 2016 but the card had not yet bene issued - what regulations would their Residence Card and permanent residence applications be made under?

4) for those who made their Residence Card application after 25 Nov 2016, their Residece Card and permanent residence application will be made under these 2016 regulations

Yours sincerely,

BritCits

Public Enquiries (CD), Home Office

Thank you for contacting the Home Office.

 

Your message has been logged.

 

We aim to provide a response within 20 working days.

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