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.
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.