Dear Home Office,

As per the O&B judgement in CJEU C-456/12, I request the following information.

1. What Discussions have taken place in the Home Office to implement the ruling?

2. What practical steps have the Home Office taken place to ensure the guidance In this case is implemented as legally required?

Yours faithfully,

Daniel Clarke

FOI Requests, Home Office

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General enquiries should be directed to
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FOI Requests, Home Office

Mr. Clarke,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 37807). We will aim to send you a full response by 08/01/2016 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,

FOI Requests
Home Office

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Free Movement Policy Enquiries, Home Office

Mr Clarke,

 

Thank you for your email of 7 December in which you asked for information
in relation to the Court of Justice of the European Union (CJEU) case of O
& B (C‑456/12).

 

This is being handled as general correspondence as you are not requesting
specific information held by the Home Office.

 

We are still considering if, and how, the Immigration (European Economic
Area) Regulations 2006 ("the EEA Regulations") may need to be changed as a
result of the judgment.  There are no timescales for when this
consideration will end but any guidance amended as a result will be
published in due course.

 

Regards

 

Free Movement Policy Team

Immigration and Border Policy Directorate

Home Office

 

 

 

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Dear Free Movement Policy Enquiries,

Thank you do your reply, however I will be more specific, your reply states that the Home Office is still considering "If" and "How" the judgement in O&B may need to be implemented through the "EEA Regulations", therefore :-

1. Can you please provide me with any notes or minutes of meeting's where the determination in O&B have been discussed inside the Home Office.

The judgement in O&B was handed down in March 2014, it has been 20 months since the decision, legally binding on the UK was given, therefore,

2. What steps have been taken to reflect this decision in the "EEA Regulations", I.e. in the last 20 months, what discussions, meetings or memoranda have been issued/taken place?

Please provide specific details.

Yours sincerely,

Daniel Clarke

Free Movement Policy Enquiries, Home Office

Important – Please read

Thank you for contacting the Free Movement Policy Enquiries Mailbox. This
is an automated response and you do not need to re-send your enquiry or
reply to this message.

We are a policy team and we answer internal Home Office enquiries about
policy relating to:

- the rights of EEA nationals and their family members in the UK
- the provisions for Croatian national workers
- the rights of Turkish nationals and their family members under European
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Please see our website to find the correct contact information for your
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registered with the Office of the Immigration Services Commissioner
(OISC): [2]http://oisc.homeoffice.gov.uk/

Useful links:

Application for a registration certificate as an EEA national qualified
person:
[3]https://www.gov.uk/government/publicatio...
 

Application for a registration certificate or residence card as the family
member of an EEA national (including retained rights of residence and
‘Surinder Singh’ cases):
[4]https://www.gov.uk/government/publicatio...

 

Application for a registration certificate or residence card as the
extended family member of an EEA national:
[5]https://www.gov.uk/government/publicatio...

Application for a document certifying permanent residence or permanent
residence card:
[6]https://www.gov.uk/government/publicatio...

Application for an EEA family permit: [7]https://www.gov.uk/family-permit

Working in the UK as a Croatian national:
[8]https://www.gov.uk/croatian-national

Turkish business person visa:
[9]https://www.gov.uk/turkish-business-person

Turkish worker visa: [10]https://www.gov.uk/turkish-worker

Application for a derivative residence card:
[11]https://www.gov.uk/government/publicatio...

 

 

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

References

Visible links
1. https://www.gov.uk/contact-ukvi/european...
2. http://oisc.homeoffice.gov.uk/
3. https://www.gov.uk/government/publicatio...
4. https://www.gov.uk/government/publicatio...
5. https://www.gov.uk/government/publicatio...
6. https://www.gov.uk/government/publicatio...
7. https://www.gov.uk/family-permit
8. https://www.gov.uk/croatian-national
9. https://www.gov.uk/turkish-business-person
10. https://www.gov.uk/turkish-worker
11. https://www.gov.uk/government/publicatio...

David Hook left an annotation ()

They have no intention of fully complying with O&B, and will continue delaying making changes until such time as the EU force them to.

At which point, they'll use that as another example of the EU trying to overrule UK law, and a reason we should leave the EU.

FOI Requests, Home Office

Mr. Clarke,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 37836). We will aim to send you a full response by 11/01/2016 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,

FOI Requests
Home Office

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FOI Responses, Home Office

1 Attachment

Dear Mr Clarke

 

 

Please enclosed response to your FOI Request.

 

 

 

Yours sincerely

 

 

Information Rights Team

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Communications via the GSi may be automatically logged, monitored and/or
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