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 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,


FOI Requests, Home Office


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:

Yours faithfully,


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,


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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