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Right to reside under EEA (EFM) while awaiting decision

Deborah Martins Reis made this Freedom of Information request to Home Office This request has been closed to new correspondence. Contact us if you think it should be reopened.

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Deborah Martins Reis

Dear Home Office,

I am currently expecting a decision on a EEA (EFM) permit.
I am a Brazilian citizen, and so do not have rights to reside in the UK under EU regulation until my Residence card is issued.
I am currently residing legally in the UK on a 1 year Tier-5 Visa.

I have been advised by home office on several occasions, both via email and on the phone, that while my application is in process I would retain the right to reside in the UK.

However, from my understanding while reading the guidance notes, EEA residence cards are not covered by Section 3C Leave and hence i would technically be an overstayer if I did not leave the country prior to my visa expiring.

Could you kindly clarify which of the two is the correct interpretation?
Could i also enquire as to how I'm expected to provide my biometric information if I have to leave the country?

Yours faithfully,
Deborah Martins Reis

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests Mailbox.  

We will endeavour to respond within 2 working days.

If you have any questions then please do not hesitate to contact us.  

 

Thank you,  

FOI Requests Home Office

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FOI Requests, Home Office

Dear Madam,

Please be aware that we have decided to handle your correspondence of 2 June 2020 outside the provisions of the Freedom of Information Act. This is because it does not meet the criteria for a Freedom of Information request, as it does not ask for recorded information.

Below is a link to the ICO guidance for the criteria for valid requests under the Act:
https://ico.org.uk/media/for-organisatio...

The Home Office will provide an answer to your query, but it will be answered outside of the provisions of the Act.  You should expect to receive a response in due course from the appropriate business area.

N McKenzie
Home Office

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EEA Applications (Do Not Reply), Home Office

1 Attachment

Good Morning,

 

Thank you for your email of 2 June, your query has been passed to me to
respond. I apologise for the length of time it has taken to make this
response.

 

I can confirm that an application for an EEA Residence card is not covered
under Section 3C.

 

An application made under the (European Economic Area) Regulations 2006
(“the regulations”) seeks confirmation that rights under the regulations
are being exercised and, as such, does not require and applicant to hold
leave to enter or remain.

 

In short, since an application of this nature is currently with us, you
would not be classed as an overstayer when your previous leave expires and
we would not expect you to leave the UK.

 

I hope this is of assistance.

 

Kind regards,

 

European Casework

UKVI - Home Office

[1]www.homeoffice.gov.uk

[2]UKVI logo byline

 

 

 

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References

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1. https://eur01.safelinks.protection.outlo...

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