Dear UK Border Agency,
The 'Eind' case (Case C-291/05) has huge implications for non-EU family members of certain British nationals (i.e. those British nationals who have worked elsewhere in the EU and then subsequently returned to the UK).
The UKBA website does not mention the case at all nor its implications for such individuals.
In light of this above, I hereby make the following Freedom of Information requests:
1. Is the UKBA aware, as a matter of policy, of the Eind case? (case number Case C-291/05). If so, what is, briefly, the UKBA's understanding of this case?
2. What is the UKBA policy in dealing with EEA2 applications that refer to the 'Eind' case? Please provide any internal guidance notes/instructions that are provided to Case Workers on how to deal with 'Eind' cases.
3. If no training/guidance is provided to Case Workers on the Eind judgment - please provide an explanation as to why the UKBA, as a matter of policy, have chosen to not provide such training/guidance.
4. How many applications has the UKBA received, since the Eind ruling, that were made on the strengths of the 'Eind' ruling?
5. What is the UKBA reasoning for failing to mention the implications of the Eind ruling anywhere on their website (and thereby failing to inform potential applicants of their rights under this ruling)?
6. Does the UKBA plan to update their website in due course so to inform future applicants of the implications of 'Eind' judgment (similar to the way in which in the website currently informs applicants about the Surinder Singh judgement). If not, why not?
7. Why does the EEA2 form not have any fields on it that would cater for applicants who wish to apply on the basis of the 'Eind' ruling?
Thank you for your request; we shall respond shortly.
Freedom of Information Act Policy Team
Dear Mr. Stevens,
Thank you for your email dated 30 July in which you made a request for information under the Freedom of Information Act 2000. Please see the attached .pdf document for the UK Border Agency's response to your enquiry.
European Operational Policy Team
UK Border Agency
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