Please clarify eligibilty time required for UK citizen to be in a different EU country before returning to the UK

Andy McCullough made this Freedom of Information request to Student Loans Company Limited

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dear Student Loans Company Limited,

The Assessing Eligibility Guidance Chapter 2017/18
provides the following policy guidance:
3.8.1 Persons Settled in the UK who move to Gibraltar then return before
the 1st day of 1st academic year
 “UK national” includes Gibraltar nationals, whereas the UK as a physical
territory includes only Great Britain and Northern Ireland, and not
Gibraltar. A person who is settled in the UK, moves to Gibraltar, and then
returns to the UK before the first day of the first academic year would
not be exercising a right of free movement under paragraph 8 of Schedule 1
of the Student Support Regulations. The EC treaty is only extended to
Gibraltar by virtue of its connection with the UK, because it is a
“European territory for those external relations a Member State is
responsible” (Article 299(4)).  Article 7 of Directive 2004/38 relates to
a right of residence on the territory of another Member State and
therefore can only apply if an individual exercises a freedom of movement
in another Member State. As Gibraltar is not a Member State in its own
right, a UK resident going to Gibraltar is not moving to another Member
State.  For paragraph 8 to apply to a Gibraltar national they would have
had to have gone from the UK to another Member State (e.g. France) before
returning to the UK.

Please specify how long this period must be. By EU directive any citizen may exercise right to reside up to three months before applying for residence cards etc.

Thanks and regards,

Andy McCullough

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

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FOI Requests, Student Loans Company Limited

Dear Mr McCullough

Thank you for your email dated 15/11/2017.

Your request is being considered under the terms of the Freedom of
Information Act 2000 (“FOIA”).

Your request has been allocated reference 230-17.

We will respond to you under the terms of the FOIA and within 20 working
days.

We will contact you further for clarification of your request if this is
considered necessary.  

Yours sincerely

Louise Chapman | Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

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FOI Requests, Student Loans Company Limited

Dear Mr McCullough

I refer to your recent email dated 15/11/2017 requesting the following
information under the Freedom of Information Act 2000 (“FOIA”):

“The Assessing Eligibility Guidance Chapter 2017/18 provides the following
policy guidance:
3.8.1 Persons Settled in the UK who move to Gibraltar then return before
the 1st day of 1st academic year
“UK national” includes Gibraltar nationals, whereas the UK as a physical
territory includes only Great Britain and Northern Ireland, and not
Gibraltar. A person who is settled in the UK, moves to Gibraltar, and then
returns to the UK before the first day of the first academic year would
not be exercising a right of free movement under paragraph 8 of Schedule 1
of the Student Support Regulations. The EC treaty is only extended to
Gibraltar by virtue of its connection with the UK, because it is a
“European territory for those external relations a Member State is
responsible” (Article 299(4)).  Article 7 of Directive 2004/38 relates to
a right of residence on the territory of another Member State and
therefore can only apply if an individual exercises a freedom of movement
in another Member State. As Gibraltar is not a Member State in its own
right, a UK resident going to Gibraltar is not moving to another Member
State.  For paragraph 8 to apply to a Gibraltar national they would have
had to have gone from the UK to another Member State (e.g. France) before
returning to the UK.

Please specify how long this period must be.  By EU directive any citizen
may exercise right to reside up to three months before applying for
residence cards etc.”
Response

I can confirm that there is no time requirement for residence in another
Member State - the requirement is that the individual does not leave the
EEA, by going back to Gibraltar, during the three years preceding the
first day of the 1st academic year.

Internal review process

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review.

Internal review requests should be submitted within two months of the date
of receipt of the response to your original request and should be
addressed to the Freedom of Information Office, Student Loans Company
Limited, 100 Bothwell Street, Glasgow, G2 7JD,   Email:
[SLC request email].  Please remember to quote the reference number
above in any future communications.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House  
Water Lane  
Wilmslow  
Cheshire  
SK9 5AF

Yours sincerely

Louise Chapman | Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

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Dear FOI Requests,

To clarify,

A person living in Gibraltar has not left the EEA and has been resident in the EEA during their stay in Gibraltar. The SLC argues that a citizen of the UK can not exercise their right to Freedom of Movement in the EEA when in Gibraltar because Gibraltar is a territory of the member state UK.

By moving from Gibraltar, a territory of the member state United Kingdom to say, Spain, the UK citizen has exercised freedom of movement as confirmed by the SLC.

I think that you can confirm that this statement is correct and is a good explanation of your Gibraltar specific rule guidance.

Yours sincerely,

Andy McCullough

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

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information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
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If your email is in relation to a student finance application or account
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please contact us using the contact details available at
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If your email is not a customer enquiry then it has been passed to the
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SLC's Freedom of Information Office is unable to advise response timescales
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Dear Student Loans Company Limited,

Previously, I have requested a clarification of your statement on Gibraltar, I did this because there appears to be a contradiction in your original statement.

Your reply is long overdue.

Yours faithfully,

Andy McCullough

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

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information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.

If your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,
your email will be passed to the relevant department. Alternatively,
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If your email is not a customer enquiry then it has been passed to the
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SLC's Freedom of Information Office is unable to advise response timescales
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FOI Requests, Student Loans Company Limited

Dear Mr McCullogh

I refer to your recent email.

Your previous email had not been considered a request for clarification of
the FOI response, rather a statement you were making.

I apologise for any misunderstanding and am currently seeking
clarification as you have requested.

Yours sincerely

Louise Chapman | Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

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Andy McCullough

Dear Student Loans Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Student Loans Company Limited's handling of my FOI request 'Please clarify eligibilty time required for UK citizen to be in a different EU country before returning to the UK'.

I still have not received a clarification as requested a considerable time agp.

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

Yours faithfully,

Andy McCullough

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.

If your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,
your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
https://www.slc.co.uk/contact.aspx.

If your email is not a customer enquiry then it has been passed to the
relevant department.

SLC's Freedom of Information Office is unable to advise response timescales
for other departments.

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FOI Requests, Student Loans Company Limited

Dear Mr McCullogh

Please excuse the delay in responding to your request for clarification.

I have now received a response from the relevant department within SLC,
and can now confirm the following.

Your email has been separated and our response to each part follows:

1. A person living in Gibraltar has not left the EEA and has been resident
in the EEA during their stay in Gibraltar.  The SLC argues that a citizen
of the UK can not exercise their right to Freedom of Movement in the EEA
when in Gibraltar because Gibraltar is a territory of the member state UK.

Response - This aligns with the Department for Education's guidance that
"A person who is settled in the UK, moves to Gibraltar, and then returns
to the UK before the first day of the first academic year would not be
exercising a right of free movement under paragraph 8 of Schedule 1 of the
Student Support Regulations. The EC treaty is only extended to Gibraltar
by virtue of its connection with the UK, because it is a “European
territory for those external relations a Member State is responsible”
(Article 299(4)). Article 7 of Directive 2004/38 relates to a right of
residence on the territory of another Member State and therefore can only
apply if an individual exercises a freedom of movement in another Member
State " (emphasis added).
 
2. By moving from Gibraltar, a territory of the member state United
Kingdom to say, Spain, the UK citizen has exercised freedom of movement as
confirmed by the SLC.

Response - This does not align with the guidance, which states " As
Gibraltar is not a Member State in its own right, a UK resident going to
Gibraltar is not moving to another Member State. For paragraph 8 to apply
to a Gibraltar national they would have had to have gone from the UK to
another Member State (e.g. France) before returning to the UK . "

The guidance also confirms that “UK national” includes Gibraltar
nationals.
3. I think that you can confirm that this statement is correct and is a
good explanation of your Gibraltar specific rule guidance.

Response - As above, however we cannot comment on whether the statements
are a 'good explanation' of the guidance.

I trust that the above clarifies our previous response, and apologise for
the delay in this being issued to you.

If you could confirm if you still wish your internal review request to
proceed.  

Yours sincerely

Louise Chapman | Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

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Andy McCullough

Dear FOI Requests,

Previously, you stated

"I can confirm that there is no time requirement for residence in another
Member State - the requirement is that the individual does not leave the
EEA, by going back to Gibraltar, during the three years preceding the
first day of the 1st academic year."

This is an incorrect statement as Gibraltar is part of the EEA although a territory of the member state United Kingdom it is not part of the United Kingdom.
By residing in another member state for any length of time, treaty rights apply.
By residing in Gibraltar and then exercising right to reside in another member state, the UK ciitizen has been in the EEA continuously.

Put simply, the individual does not leave the EEA by going to Gibraltar.

Yours sincerely,

Andy McCullough

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.

If your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,
your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
https://www.slc.co.uk/contact.aspx.

If your email is not a customer enquiry then it has been passed to the
relevant department.

SLC's Freedom of Information Office is unable to advise response timescales
for other departments.

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Andy McCullough

Dear Student Loans Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Student Loans Company Limited's handling of my FOI request 'Please clarify eligibilty time required for UK citizen to be in a different EU country before returning to the UK'.

I still have not received a clarification as requested a considerable time ago. This request was originally made on the 15 November 2017.

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

Yours faithfully,

Andy McCullough

SLC FOI Requests - Do Not Reply, Student Loans Company Limited

This is an automated response to let you know that your email has been
received by the Student Loans Company Limited ("SLC").

SLC's Freedom of Information Office is only able to deal with requests for
information under the Freedom of Information Act 2000 ("FOIA"). If your
email relates to a request for information under the FOIA, a separate
acknowledgement will be issued with a request reference.
your email is in relation to a student finance application or account
enquiry, and you have provided sufficient details to identify your account,

your email will be passed to the relevant department. Alternatively,
please contact us using the contact details available at
https://www.slc.co.uk/contact.aspx.

If your email is not a customer enquiry then it has been passed to the
relevant department.

SLC's Freedom of Information Office is unable to advise response timescales

for other departments.

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FOI Requests, Student Loans Company Limited

Dear Mr McCullough

I refer to your email of 11/05/2018.  Your internal review has been
allocated reference IR04-18.  We aim to respond to requests for internal
reviews within 20 working days.

Yours sincerely

Louise Chapman | Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

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From:        Andy McCullough <[FOI #446561 email]>
To:        FOI requests at SLC <[SLC request email]>
Date:        11/05/2018 12:46
Subject:        Internal review of Freedom of Information request - Please
clarify eligibilty time required for UK citizen to be in a different EU
country before returning to the UK

--------------------------------------------------------------------------

Dear Student Loans Company Limited,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Student Loans Company
Limited's handling of my FOI request 'Please clarify eligibilty time
required for UK citizen to be in a different EU country before returning
to the UK'.

I still have not received a clarification as requested a considerable time
ago.  This request was originally made on the 15 November 2017.

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

Yours faithfully,

Andy McCullough

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #446561 email]

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FOI Requests, Student Loans Company Limited

1 Attachment

Dear Mr McCullogh

Please find attached our response to your request for an internal review.

We apologise for the delay in the review being completed and this response
being issued.

Yours sincerely

Louise Chapman | Legal Executive
Student Loans Company
100 Bothwell Street, Glasgow G2 7JD
e: 32080  t: 0141 306 2080

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Follow us at [2]Twitter/SLCcomms for the latest corporate news and updates

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