Public Funds for a partner of a british citizen

Wayne Pearsall made this Freedom of Information request to UK Border Agency

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 partially successful.

Dear UK Border Agency,

Your Website state:A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is:
a British citizen, or

a national of a country in the European Economic Area (EEA).

=

can you please provide a list of all funds which are accessible to a partner of a british citizen when they have "no recourse to public funds".

When a british citizen claims Contribution based Job Seekers allowance what affect does their partners No Recourse to public funds have on the benefit claim?
- Considering that CB JSA is not listed as a public fund..

Yours faithfully,

Wayne Pearsall

IND Public Enquiries,

Thank you for contacting the UK Border Agency.

You can no longer use this email address for general immigration
enquiries. 

However, if you have sent us information about an immigration offence, or
a complaint, we will forward it to the appropriate team.  You do not need
to send it again.

Please ensure to read the following information as you will not receive
another response.

Please visit our comprehensive website at
[1]http://www.ukba.homeoffice.gov.uk  for further information.

The information in this message contains links to the relevant parts of
our website, where more detailed information can be found.  If we have not
included information or a link to the website for the subject you are
enquiring about, please enter key words into the “search” facility on the
website.

If your enquiry is about one of the following, please re-send it to the
address shown:

British Citizenship and Nationality / Right of Abode:

[2][email address]

European Nationals and Family Members:

[3][email address]

A2 Accession Enquiries – Bulgarian and Romanian Nationals:

[4][email address]

Points Based System Sponsorship  (Employers and Educational Establishments
with enquiries about Sponsorship, Tier 2, Tier 4 and Tier 5 of the Points
Based System): 

[5][email address]

IRIS Recognition:

[6][email address]

If you are outside the UK:  Please go to the information pages for your
country on the UK Border Agency website: 
[7]http://www.ukba.homeoffice.gov.uk/visas-...

If you are outside the UK and you wish to make an application for Entry
Clearance, please contact the British Diplomatic Post (the High
Commission, Embassy or Consulate) where you will be submitting your
application for information.

Contact details for British Diplomatic Posts can be found on the Foreign &
Commonwealth Office website at:

[8]http://www.fco.gov.uk/en/travel-and-livi...

Please note that we are unable to confirm the authenticity of offers of
employment or appointments.  If you wish to report a fraud offence you
should contact Action Fraud either by telephone on 0300 123 2040 (Monday
to Friday 8am to 8pm, Saturdays 9am to 4pm or Sundays 10am to 4pm) or
email at [9][email address].   Alternatively if you wish to complete
a fraud report you can do this online via the online reporting tool at
[10]https://reportfraud.actionfraud.org.uk/f....

Information about the following subjects is provided below.

  1.  Outstanding Applications / Return of Documents 

  2.  Change of Address / Change of Circumstances  

  3.  Biometric Residence Permits for Foreign Nationals

  4.  Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

  5.  Students – Changes During Your Stay

  6.  Family of British and Settled Persons

  7.  UK Ancestry

  8.  Child born in the UK

  9.  Settlement - Knowledge of Language & Life in the UK

10 . Indefinite Leave to Enter 

11.  New Passport – Transfer of Conditions or No Time Limit

12.  Reporting an immigration offence  

 

1.  Outstanding Applications

 

For data protection reasons, we are unable to respond to enquiries about
individual cases by e-mail.  UK Border Agency will contact you if further
information is required to complete your application.  If you sent your
application by Recorded or Special Delivery, its receipt can be confirmed
on the Royal Mail website at:

[11]http://www.royalmail.com/portal/rm

If you make an application before your authorised stay ends, your existing
immigration status will continue until your application is decided, even
if the decision is not made until after the end of your permitted stay. 
If your existing visa or other permission to stay here allows you to work,
you can continue to do so until your case is decided. 

Return of Documents

 

If you require the urgent return of your documents, please see the UK
Border Agency website at:

[12]http://www.ukba.homeoffice.gov.uk/aboutu...

for the appropriate contact details.  However please note that return of
the applicant's passport submitted in support of a leave to remain
application, for travel outside the UK, will lead to the application being
withdrawn. 

An online process for the return of documents from PBS Tier 2 & 5
applications is now available on the UKBA website at: 

[13]http://www.ukba.homeoffice.gov.uk/siteco...

Please be advised that you will need to complete the online form with all
required information.

2.  Change of Address / Change of Circumstances

 

We are unable to deal with change of address/circumstances notifications
by e-mail. 

If you have made a Points Based System application, details of how to
inform us about your change of address or other change of circumstances
can be found on the UK Border Agency website at:

[14]http://www.ukba.homeoffice.gov.uk/siteco...

You can tell us about a change to your UK contact details or your legal
representative’s details using our online forms. Online updating is a
fast, simple and secure way of providing this important information.

Please see the following link for details on how to change your contact
details:

[15]http://www.ukba.homeoffice.gov.uk/aboutu...

3. Biometric Residence Permits for Foreign Nationals

As of 29 February 2012 Nationals of countries outside the European
Economic Area and Switzerland must apply for a biometric residence permit
(unless they already have one) if they are currently in the UK and they
want to:

·       extend their temporary permission to stay to a total of 6 months
or more;

·       apply for permission to settle in the UK (known as 'indefinite
leave to remain');

·       transfer their permission to stay from an old passport or similar
document using form TOC or NTL; or

·       apply for a Convention travel document (1951 refugee or 1954
stateless person) or a certificate of travel.

You do not need to obtain a biometric residence permit if you are a
national of a country in the European Economic Area (including the UK) or
Switzerland.

Detailed information about the Biometric Residence Permits can be found on
the UK Border Agency website at:

[16]http://www.ukba.homeoffice.gov.uk/visas-...

If your BRP has been lost or stolen, or if you need a replacement BRP for
other reasons, you will need to submit an BRP(RC) application form.  The
application form and guidance notes are available on the UK Border Agency
website at: 

[17]http://www.ukba.homeoffice.gov.uk/visas-...

4. Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

PBS Tier 1

Detailed information about Tier 1 can be found on the UK Border Agency
website at:

[18]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 2

Detailed information about Tier 2 can be found on the UK Border Agency
website at:

[19]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 4 (General) and Tier 4 (Child) Students

Detailed information about Tier 4 can be found on the UK Border Agency
website at:

[20]http://www.ukba.homeoffice.gov.uk/visas-...

PBS Tier 5

Detailed information about Tier 5 can be found on the UK Border Agency
website at:

[21]http://www.ukba.homeoffice.gov.uk/visas-...

Sponsorship

Under the Points Based System (PBS), migrants from outside the UK will
need to be sponsored by an employer or education provider on the UK
Border Agency’s Sponsors Register in order to obtain a visa. 

For further information regarding the Points Based System and Sponsorship,
please visit the UK Border Agency website at:

[22]http://www.ukba.homeoffice.gov.uk/busine...

5. Students – Changes During Your Stay

Detailed information explaining what you should do if changes to you or
your sponsor occur while you are in the UK as a student under Tier 4 of
the points-based system can be found on the UK Border Agency website at:

[23]http://www.ukba.homeoffice.gov.uk/visas-...

6. Family of British and Settled Persons

A number of changes to the Immigration Rules come into effect on 9 July
2012. These changes will affect non-European Economic Area (non-EEA)
nationals applying to enter or remain in the UK under the family migration
route.

These changes will define the basis on which a person can enter or remain
in the UK on the basis of their family or private life, unifying
consideration under the rules and Article 8 of the European Convention on
Human Rights.

If you already have leave to enter or remain in the UK, on the basis of
being the spouse or partner of a settled person, you will need to meet the
rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:

·       introducing a new minimum income threshold of £18,600 for
sponsoring the settlement in the UK of a spouse or partner, or fiancé(e)
or proposed civil partner of non-European Economic Area (EEA) nationality,
with a higher threshold for any children also sponsored; £22,400 for one
child and an additional £2,400 for each further child;

·       extending the minimum probationary period for settlement for
non-EEA spouses and partners from two years to five years, to test the
genuineness of the relationship;

·       abolishing immediate settlement for the migrant spouses and
partner where a couple have been living together overseas for at least 4
years, and requiring them to complete a 5 year probationary period;

·       from October 2013, requiring all applicants for settlement to pass
the Life in the UK Test and present an English language speaking and
listening qualification at B1 level or above of the Common European
Framework of Reference for Languages unless they are exempt; and

Detailed information about changes to the family migration rules that came
into effect on 9 July 2012 can be found on the UK Border Agency website
at:

[24]http://www.ukba.homeoffice.gov.uk/siteco...

Detailed information about how you can apply to  remain in the UK if you
are the partner, dependent child or adult dependent relative of a British
citizen, a person who is settled, has refugee leave or humanitarian
protection here can be found on the UK Border Agency website at:

[25]http://www.ukba.homeoffice.gov.uk/visas-...

You will be required to prove your English language ability, if you are
applying as the husband, wife or civil partner of a British citizen or
someone who is settled here.

This information is based on Part 8 of the Immigration Rules.

For details of the English language requirement, see the [26]English
language requirement page.

For further information, please visit the UK Border Agency website at:

[27]http://www.ukba.homeoffice.gov.uk/siteco...

7.  UK Ancestry

 

Detailed information about UK Ancestry can be found on the UK Border
Agency website at:

[28]http://www.ukba.homeoffice.gov.uk/visas-...

8. Child born in the UK

If your child was born in the UK and you currently have limited leave to
remain, you will need to obtain and complete one of the following
application forms, in order for them to be granted leave to remain as your
dependant.

PBS Dependant application form should be used if the person whom the child
is dependant on has been granted leave to remain under the Points Based
System.

FLR(O) application form should be used if the person whom the child is
dependant on has been granted leave to remain in any other category.

On form FLR(O) the child’s details should be entered in Section 1 -
Applicant's Details.  Your passport should also be enclosed with the
application.

If you will be leaving the UK and do not intend to return under the
conditions of your current leave to remain, you are not required to make
an application to the UK Border Agency for your baby.  They are deemed to
have leave to remain in the UK until you leave. 

If you will be making an application for further leave to remain or
indefinite leave to remain and do not intend to travel before you do so,
you can include the baby as your dependant at that time.  However please
note, if you travel outside the UK before your baby obtains leave to
remain, you will need to obtain Entry Clearance for the baby before you
return to the UK.

9.  Settlement - Knowledge of Language and Life in the UK

 

If you are applying for settlement in the United Kingdom you may be
required  to demonstrate Knowledge of Language and Life in the United
Kingdom, in addition to meeting the other requirements for
settlement.  For further information, please visit the UK Border Agency
website at:

[29]http://www.ukba.homeoffice.gov.uk/visas-...

10.  Indefinite Leave to Enter

 

In terms of your status in the UK, Indefinite Leave to Enter and
Indefinite Leave to Remain are exactly the same.  The Indefinite Leave to
Enter Entry Clearance means, in terms of your current immigration status
in the UK, that there is no time limit on your stay in the UK.  

The end date shown on an Indefinite Leave to Enter Entry Clearance (EC)
vignette is a guide to the holder for travel purposes only, or relates to
the validity dates of the passport/travel document in which the vignette
is endorsed.

The validity and activation of the Entry Clearance is determined by the
dates noted on the Entry Clearance vignette not by any ink stamp endorsed
in the passport or travel document by a UK Immigration Officer at the port
of entry. 

The Immigration Officer’s stamp merely indicates when the Entry Clearance
was used to enter the UK but the Entry Clearance is still valid without an
on-entry stamp. 

The Entry Clearance should be used to enter the UK within three months of
issue but can be used after this date at the discretion of the Immigration
Officer. 

Once the expiry date noted on your EC is passed it is not necessary for
the holder of Indefinite Leave to Enter status to apply within the UK for
Indefinite Leave to remain status as they are effectively the same thing
and your "No time limit "status remains extant. 

 

11.  New Passport - Transfer of Conditions or No Time Limit

 

Detailed information about transferring your visa or residence permit from
an old passport or travel document to a new one can be found on the UK
Border Agency website at:

[30]http://www.ukba.homeoffice.gov.uk/visas-...

12.  Reporting an immigration offence

 

We take public reports of crime seriously. If you suspect that someone is
working illegally, has no right to be in the UK or is involved in
smuggling, we want to hear from you.

You can report your suspicions in confidence using our [31]reporting
form.

Please complete as much of the form as you can. But do not worry if you
cannot answer all of the questions - and do not put yourself in danger by
trying to discover more information.

Any information that you provide will be handled in confidence. You can
give us your name and address if you wish, but you do not need to do so.

Other reporting methods

Alternatively, you can:

·       contact [32]Crimestoppers (online or by phone) anonymously

·       call the Customs Hotline about smuggling on 0800 595 000

·       contact the confidential anti-terrorist hotline on 0800 789 321 or
[33]online

·       dial 999 in an emergency

Detailed information how you can report suspected immigration crime (such
as illegal immigration or illegally employing foreign workers), smuggling
or terrorism can be found on the UK Border Agency website at:

[34]http://www.ukba.homeoffice.gov.uk/aboutu...

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Dear IND Public Enquiries,

further to my FOI request (Full text can be found here)
http://www.whatdotheyknow.com/request/pu...

I am unsure as to the status of the request, perhaps you are not treating it as a FOI request. However, Please consider this a clarification...

Your Website states:

A person subject to immigration control can
claim certain public funds when they have a right to reside in the
UK if they live with a family member who is:
a British citizen, or

a national of a country in the European Economic Area (EEA).

UKBA must hold information in some form about what a british citizen's/EEA Nationals family member is entitled to recieve and would not be considered public funds. Even if normally the funds would be considered public funds. Please supply all documents, instructions, and guidance provided to DWP / UKBA staff in relation to this.

=

can you please provide a list of all funds which are accessible to a partner of a british citizen when they have "no recourse to
public funds".

UKBA must hold information in some form about what a british citizen's family member is entitled to recieve and would not be considered public funds. Even if normally the funds would be considered public funds. Please supply all documents, instructions, and guidance provided to DWP / UKBA staff in relation to this.

When a british citizen claims Contribution based Job Seekers allowance what affect does their partners No Recourse to public funds have on the benefit claim?
- Considering that CB JSA is not listed as a public fund..
What information and guidance has been given to DWP staff to ensure that they are aware about the status of Contribution based benefits, and the true meaning of the stamp "No Recourse to Public funds".
Have UKBA made DWP / UKBA staff aware of the true definition of public funds?
Please provide a copy of all documentation relating to the above which surely the UKBA must hold a copy of.

Yours sincerely,

Wayne Pearsall

Dear IND Public Enquiries,

I am still waiting for the response to my foi requests of 31st jan. They are long overdue. As is my request for review. This will be oassed to ico if you ignore this message!

Yours sincerely,

Wayne Pearsall

Dear IND Public Enquiries,

http://www.whatdotheyknow.com/request/pu...

request for information sent 30th jan...
no response yet... long overdue...

added to complaint for ICO to deal with...

Yours sincerely,

Wayne Pearsall

Dear UK Border Agency,

I send a copy of the message received from the ICO...

I eagarly await your response....

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

16 April 2013
 
Case Reference Number FS50493816
 
Dear Sir/Madam

Freedom of Information Act 2000
Complaint from Mr Wayne Pearsall   
 
I am writing to confirm that the Information Commissioner has received a complaint from Mr Pearsall stating that no response has been sent to an information request submitted to your organisation on 30 January 2013, which you have said was received. We enclose a copy of this request in the following link;
 
http://www.whatdotheyknow.com/request/pu...
 
Any public authority in receipt of such a request is under a duty to respond within 20 working days of receipt. As it is the case that you have not responded but acknowledged receipt of the request, we would ask that you now respond within 10 working days of receipt of this letter.
 
You should state whether or not the information is held in a recorded form. If it is held, you should either provide the information or issue a refusal notice in accordance with the requirements of section 17 of the Freedom of Information Act or regulation 14 of the Environmental Information Regulations as appropriate. You can find more information on refusal notices contained in the guidance issued by the Commissioner which is available at:
 
http://www.ico.gov.uk/upload/documents/l...
 
http://www.ico.gov.uk/upload/documents/l...
 
Finally you should be aware that the Information Commissioner often receives requests for copies of the letters we send and receive when dealing with casework. Not only are we obliged to deal with these in accordance with the access provisions of the Data Protection Act 1998 (the DPA) and the Freedom of Information Act 2000 (the FoIA), it is in the public interest that we are open, transparent and accountable for the work that we do.
 
However, whilst we want to disclose as much information as we reasonably can, there will be occasions where full disclosure would be wrong. It is also important that the disclosures we make do not undermine the confidence and trust in the Commissioner of those who correspond with him.   
 
If you reply to this letter, I would be grateful if you would indicate whether any of the information you provide in connection with this matter is confidential, or for any other reason should not be disclosed to anyone who requests it. I should make clear that simply preferring that the information is withheld may not be enough to prevent disclosure. You should have a good reason why this information should not be disclosed to anyone else and explain this to us clearly and fully.
 
You will appreciate that in the event of other, similar complaints, the Commissioner may consider taking enforcement action under s.52 of the Act.
 
For further advice on how to deal with information requests, please visit our website at www.ico.gov.uk  or you can contact me on 01625545595. Please quote the case reference number from the top of this letter.
 
Yours sincerely
 

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

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

Wayne Pearsall

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

You were sent a letter on 16th April by the ICO giving you 10 working days to disclose the requested information.

I have received no response, and this FOI request is already long overdue.

I am therefore refering this back to the ICO for them to take action. - It really wasn't a difficult request to complete.

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

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

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

I have wrote to yourselves numerous times in relation to this FOI request. I have been in contact with the ICO who has also been in touch with you in relation to this request.

You have still failed to respond. I am therefore refering the matter back to the ICO. ( FS50493816 ) as it is clear that I have exhausted your internal process, (which you have failed to respond, OR conduct an Internal Review).

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk. If you have submitted
a general enquiry, a further message answering our most frequently asked
questions will be sent to you by our public enquiries department shortly.

Alternatively you can contact the UK Border Agency (UKBA) Immigration
Enquiry Bureau (IEB) on: Telephone: 0870 606 7766

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

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

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

I note that since my last message no response has been received. I also note that the ICO have already issued you with instructions to release the information requested, and their 10 day limit expired A LONG time ago...

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

 

show quoted sections

 

show quoted sections

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

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

I have made numerous attempts to get this information. My original request being back in Jan (almost six months ago to put that into perspective, considering that the FOIA gives the Home Office just 20 days to comply).

I have raised numerous complaints about this matter with yourselves (and you even made note of this request within a seperate request for information) It is clear that the Home Office is aware of this request, and must respond to it by law.

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

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

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

I have issued you with a PAP letter...
If i do not recieve my response to this FOI request *which is more than valid* i will be taking it to court...

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

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
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Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

I made this request for information in Jan. It is now September - almost nine months on, and still no response.

I am aware that the home office are aware of this request, as Martin Riddle acknowledged this request in response to a seperate internal review. So I reitterate my question:

Your Website states: A person subject to immigration control can claim certain public funds when they have a right to reside in the UK if they live with a family member who is:
a British citizen, or
a national of a country in the European Economic Area (EEA).

=

can you please provide a list of all funds which are accessible to a partner of a british citizen when they have "no recourse to public funds".

I am also aware of the following fact: The Home Office do not decide who has a right to claim public funds, despite the stamp "No recourse to public funds". I have this documented in an email from your own department to the DWP.

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,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

show quoted sections

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

Dear UK Border Agency,

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

I am writing to request an internal review of UK Border Agency's handling of my FOI request 'Public Funds for a partner of a british citizen'.

Following the spousal visa adjournment debate tonight, where the immigration minister Mark Harper states that the spouse of a british citizen being present might entitle the british citizen to claim housing benefit and other benefits, I am really interested in receiving this VERY LONG over due response.
The link to the debate being:
http://www.parliamentlive.tv/Main/Player...

and the comment being made at approx 22:40.

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,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Dear UK Border Agency,

I am writing to you today, with reference to the ICO Case reference FS50497602. A decision notice has been issued to you today in response to my request filed via WDTK with the reference of WDTK 147779 to which you have failed to provide ANY response to at any point (either initial response, or response to the multiple requests for Internal Review).

I note that in the Decision notice, the ICO has given yourselves 35 days to provide a full response, otherwise it will be submitting the case to the court in accordance with section 54 of the act.

A full history of the case is available here: https://www.whatdotheyknow.com/request/p... and Mr Martin Riddle has previously acknowledged response of this request on another internal review.

Yours faithfully,

Wayne Pearsall

Reference: FS50497602
1
Freedom of Information Act 2000 (FOIA)
Decision notice
Date: 31 October 2013
Public Authority: Home Office
Address: 2 Marsham Street
London
SW1P 4DF
Complainant: Mr Wayne Pearsall
Address: [email address]
Decision (including any steps ordered)
1. The complainant has requested information about claiming specific
public funds in relation to immigration.
2. The Commissioner’s decision is that the Home Office has not responded
to the request and has therefore breached section 1 and section 10 of
the FOIA.
3. The Commissioner requires the Home Office to take the following steps
to ensure compliance with the legislation.
• The Home Office must respond to the complainant’s request.
4. The Home Office must take these steps within 35 calendar days of the
date of this decision notice. Failure to comply may result in the
Commissioner making written certification of this fact to the High Court
pursuant to section 54 of the Act and may be dealt with as a contempt
of court.
Request and response
5. On 31 January 2013, the complainant wrote to the Home Office (HO)
requesting information.
6. The HO did not respond to the request.
Reference: FS50497602
2
Scope of the case
7. The complainant contacted the Commissioner on 15 May 2013 to
complain about the lack of response by the HO to his request.
8. The Commissioner will consider the HO’s lack of response.
Reasons for decision
9. Section 1 of the Act states that an individual who asks for information is
entitled to be informed whether the information is held and if the
information is held, to have the information communicated to them.
10. Section 10 of the Act states that a public authority must respond to a
request promptly and “not later than the twentieth working day
following the date of receipt”.
11. The Commissioner notes that the complaint contacted the HO about its
lack of response. The Commissioner also contacted the HO about this
issue and there has still been no response to the complainant’s request.
12. The Commissioner therefore considers that the HO is in breach of
sections 1 and 10 of the FOIA. He finds that the HO must respond to the
complainant within 35 calendar days from the date of this decision
notice.
Reference: FS50497602
3
Right of appeal
13. Either party has the right to appeal against this decision notice to the
First-tier Tribunal (Information Rights). Information about the appeals
process may be obtained from:
First-tier Tribunal (Information Rights)
GRC & GRP Tribunals,
PO Box 9300,
LEICESTER,
LE1 8DJ
Tel: 0300 1234504
Fax: 0116 249 4253
Email: [email address]
Website: www.justice.gov.uk/guidance/courts-andtr...
tribunals/information-rights/index.htm
14. If you wish to appeal against a decision notice, you can obtain
information on how to appeal along with the relevant forms from the
Information Tribunal website.
15. Any Notice of Appeal should be served on the Tribunal within 28
(calendar) days of the date on which this decision notice is sent.
Signed ………………………………………………
Jon Manners
Group Manager
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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

Dear UK Border Agency,

147779 ico ref FS50497602

And still... You withhold the information requested. Im sure mark harper has the information to hand. He spoke fluently in the spousal visas adjournment debate regarding married people being entitled to further benefits.

Waiting almost a year for the information is beyond a joke!

Yours faithfully,

Wayne Pearsall

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Wayne Pearsall left an annotation ()

I wonder... Are they gonna let theresa may be found in contempt of court....

Alan Damper left an annotation ()

I hope she is. When will the Commissioner decide?

Wayne Pearsall left an annotation ()

Dunno. But the dwp have a similar request too
https://www.whatdotheyknow.com/request/d...

FOI Requests, UK Border Agency

1 Attachment

Dear Mr Pearsall,
 
Please find attached response to this FOI request.
 
 
Regards,
 
 
Andy Woodgate
Information Access Team (IAT)
Corporate Services Group
 
Home Office
Ground Floor Seacole Building, 2 Marsham Street, London, SW1P 4DF
 
T: +44 (0)20 7035 5273
 
[1]www.gov.uk/home-office
 
 
 

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References

Visible links
1. http://www.gov.uk/home-office

Dear UK Border Agency,

29818

First of all, thanks for providing the response, after the serious delay from the date of the original request. I am however, requesting that you please pass this on to the person who is to conduct a Freedom of Information review.

I am writing to request an internal review of UK Border Agency's (Home Office's) handling of my FOI request 'Public Funds for a partner of a british citizen'.

Since the original date of my request, a number of changes have occured. Firstly, the Immigration Minister Mark Harper was in the middle of a speach in the Adjournment Spousal Visas Debate, on the 9th September 2013.

This can obviously be viewed on the Parliament website
http://www.parliamentlive.tv/Main/Player...

Or you can read the Hansard here:
http://www.publications.parliament.uk/pa...

From column 807 I highlight "My hon. Friend is right that in the period when the migrant spouse is in the UK before they get indefinite leave to remain, they are not entitled to benefits, but they will be once they are settled and their spouse may be entitled to income-related benefits because of their being here—housing benefit, for example."

and from column 808 I highlight the following: "My hon. Friend said that his constituent had no intention of claiming benefits, but of course there is no way for us legally to enforce their not claiming benefits once they are in the United Kingdom."

So reading this in light of Case C29/09-10(DLA) from the N.I. courts, in which the DWP's own memo DMG VOL 2/36 reads as below, it appears clear that the Home Office must have a very clear guidance outlining the benefits that a family member of a British Citizen is entitled to claim.

You have supplied me with a link to the 'funds.pdf' file, which outlines the text also on your website, that family members of a British Citizen can claim certain public funds without it affecting their status.

Read in light of '
5. The Commissioner decided that the overarching purpose of the 2000 Consequential Amendment Regulations was to make further provision for the reception conditions of asylum seekers in the UK. Paragraph 1 of Part II of the 2000 Consequential Amendment Regulations was adopted so as to ensure that individuals, because of their EEA status, would not be affected by these measures and would be exempt from the exclusions contained in the Immigration and Asylum Act 1999. The Oporto and Brussels Agreements were mentioned in paragraph 1 of Part II of the 2000 Consequential Amendment Regulations so as to define the category of persons included i.e. EEA citizens and their family members.'

from the DMG memo, it appears pretty clear that th regulations have no affect on the spouse of a British Citizen.

I have also gained possession of an email message from your staff at the home office to the DWP about the "No Recourse to Public Funds" stamp, actually meaning pretty much NOTHING:
http://pearsall.eu/2013/04/ukba-do-not-d...

So, following on from Mark Harpers speach in the Commons on the 9/9/13, the case refered to, and the email linked, I am certain that the Home Office does indeed hold a list of benefits which a family member of a British Citizen is entitled to claim.

As such, I would expect a release of this list. Mark Harper may be the best person to approach on this matter.

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,

Wayne Pearsall

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

DMG Memo Vol 2/36

EEA FAMILY MEMBERS - PERSON SUBJECT TO IMMIGRATION CONTROL - SOCIAL SECURITY COMMISSIONER’S DECISION IN C29/09-10 (DLA)

Contents Paragraphs

Introduction 1

Background 2 - 3

The Commissioner's Decision 4 - 6

Benefits affected 7

Relevant determination 8 - 9

Annotations

Contacts

INTRODUCTION

1. This Memo is to advise of the implications of a Commissioner’s decision
dated 12.03.121 and gives guidance on its effect for Decision Makers.

1 C29/09-10 (DLA) JFP v Department of Social Development

BACKGROUND

2. The appellant, a national of the United States of America, was permitted to enter the United Kingdom due to her marriage to a British citizen. She was granted a clearance visa subject to the condition “no recourse to public funds”.

3. The appellant made a claim for Disability Living Allowance which was disallowed as she was considered to be a ‘person subject to immigration control’ and was excluded from being awarded Disability Living Allowance in accordance with section 115 of the Immigration and Asylum Act 1999.

THE COMMISSIONER'S DECISION

4. Paragraph 1 of Part II of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (NI) 2000 (the 2000 Consequential Amendments Regulations) provides for exceptions to the exclusions contained in section 115 of the Immigration and Asylum Act 1999. This includes being a member of a family of a national of a State contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (the Oporto Agreement) and the Protocol Adjusting the Agreement on the European Economic Area signed at Brussels on the 17 March 1993 (the Brussels Agreement), i.e. being an EEA family member.

5. The Commissioner decided that the overarching purpose of the 2000 Consequential Amendment Regulations was to make further provision for the reception conditions of asylum seekers in the UK. Paragraph 1 of Part II of the 2000 Consequential Amendment Regulations was adopted so as to ensure that individuals, because of their EEA status, would not be affected by these measures and would be exempt from the exclusions contained in the Immigration and Asylum Act 1999. The Oporto and Brussels Agreements were mentioned in paragraph 1 of Part II of the 2000 Consequential Amendment Regulations so as to define the category of persons included i.e. EEA citizens and their family members.

6. In summary, The Commissioner found that the appellant's husband was an EEA national by virtue of his UK citizenship. The appellant was in turn the family member of an EEA national and could benefit from the exemptions contained in the 2000 Consequential Amendment Regulations. This meant that as an EEA family member she was not subject to section 115 of the Immigration and Asylum Act 1999 and could not therefore be considered a ‘person subject to immigration control’.

BENEFITS AFFECTED

7. This decision applies to Attendance Allowance, Severe Disablement Allowance, Invalid Care Allowance, Disability Living Allowance and a Social Fund payment1.

1 SS (I & A) Consequential Amdts Regs (NI) 2000, 2(2) & Para 1 of Pt 2 of the Schedule

RELEVANT DETERMINATON

8. This is a relevant decision for the purposes of the Order1 from 12.03.12.

1 SS (NI) Order 98, art 27

9. Any decision made after 12.03.12 refusing Attendance Allowance, Severe Disablement Allowance, Invalid Care Allowance, Disability Living Allowance or a Social Fund payment on the basis that a non-EEA claimant was considered to be a ‘person subject to immigration control’ whilst they were the family member of a UK national may now need to be reconsidered on the grounds that it is wrong in law.
ANNOTATIONS

The number of this Memo, DMG Memo Vol 2/36 should be noted against the following DMG paragraphs:-

070833, 070834, 070836, 070905, 071187, 071195 & 072980.

CONTACTS

If you have any queries about this memo please contact:

Decision Making Services
Section 5
Level 1
James House
Gasworks Business Park
Belfast

Extensions: 37195, 37196 and 37200.

DECISION MAKING SERVICES Distribution: All Holders of DMG Volume 2
October 2012

Freedom Of Information Team ( IND ), UK Border Agency

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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FOI Responses, UK Border Agency

1 Attachment

Dear Mr Pearsall

 

Please find attached the Home Office response to yor internal review
request of FOI case 29818

 

Yours Sincerely

 

M Riddle

Information Access Caseworker

Corporate Services

Home Office

Ground Floor, Seacole Building, Home Office,  2 Marsham Street, London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

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Wayne Pearsall left an annotation ()

"14. Mr Pearsall is not correct to state that the imposition of the condition ―No recourse to public funds‖ means nothing or has no effect. If a person subject to immigration control is granted leave to enter or remain with a condition stating ―No recourse to public funds‖ and they then claim public funds, that person will be in breach of their conditions of leave, unless they were entitled to claim the public fund due to an exception. A person who breaches their conditions of leave may have any future immigration application refused under the general grounds for refusal in the Immigration Rules and/or have their existing leave curtailed."

Keywording: "Unless they were entitled to claim the public fund due to an exception"

Case C29/09-10(DLA)... Is this not an exception... Being the "Family member of a British (and therefore EEA) National"

Alan Damper left an annotation ()

Wayne - In the Home Office Entry Clearance guidance EUN1.2 entitled "Who are EEA nationals" it includes nationals of the United Kingdom.

The only place I know that it states UK nationals are NOT also EEA nationals is in the Immigration (European Economic Area) Regulations 2006 dealing with Family Member Permits for Entry Clearance meaning that UK nationals can't bring non-EEA family members here unless under Section 9 of those regulations where the "Surinder Singh" ruling is catered for, and UK nationals can be treated as if they are EEA nationals.

However, the key point is that in the 2006 Regulations the wording is....

General interpretation

2. (1) In these Regulations—

[...]
“EEA national” means a national of an EEA State;

“EEA State” means—
(a)a member State, other than the United Kingdom;
(b)Norway, Iceland or Liechtenstein; or
(c)Switzerland;

The key phrase being "In these regulations". In all other legislation dealing with EEA nationals and their family members, a UK citizen IS an EEA citizen.

So, as you say, how can a family member of a UK citizen issued with a Spouse Visa under the immigration rules NOT be a family member of an EEA citizen?

A Spouse Visa should not include the 'No recourse to public funds stamp'.

Wayne Pearsall left an annotation ()

Alan. I know. I think the entire situation is pretty clear. I bet thisis part of why Mark Harper resigned in truth. ..