Zambrano and Dependancy...

Waiting for an internal review by UK Border Agency of their handling of this request.

Dear UK Border Agency,

I note the following:
--------------
Regulation 15A(7) confirms the definition of a primary carer for the purpose of regulation 15A(2).
The definition requires that the applicant is:
a) a direct member or legal guardian of the person from whom they claim a derivative right, and
b) is the person who
i) has primary responsibility for that person's care, ****OR**** (emphasis added)
ii) shares equally the responsibility for that person's care with one other person who is not an exempt person.

Regulation 15A(8) confirms that financial support alone will not bring a person within the definition of primary carer for the purposes of the Regulations. Those solely providing financial assistance who have no day to day caring responsibilities do not benefit from the provision.
-----------------

If UKBA does not consider financial dependency as a main form of dependency what does constitute ''dependency''.

Can you please provide me with any guidance issued to any section of UKBA / UK Visa Service as to how a person's dependancy might be established for the purposes for any type of application currently being processed within UKBA.

I am sure there has been guidance given to UKBA staff in some form (training seminars etc perhaps?) as to how a persons dependancy could well be evidenced for the purpose of an application to the Home Office.

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.

Freedom Of Information Team ( IND ), UK Border Agency

Dear Wayne Pearsall

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond shortly.

Regards

FOI Team
Home Office

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Freedom Of Information Team ( IND ), UK Border Agency

Dear Wayne Pearsall,

We need to obtain clarification on your below request to proceed.

Please confirm whether you are seeking information specifically in relation to Zambrano and applications for derivative residence cards made under regulation 15A of the Immigration (European Economic Area) Regulations; or information relating to all immigration categories where there is a requirement to be 'dependent'?

Kind regards.

FOI Team
Home Office
Lunar House
40 Wellesley Road
Croydon
CR9 2BY
www.homeoffice.gov.uk

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Wayne Pearsall

Dear Freedom Of Information Team ( IND ),

Lets go back to April 30th, and read my message and FOI request.

ARE YOU SERIOUSLY GOING TO ATTEMPT TO USE A SEC 1(3) GET OUT USING THAT INFORMATION REQUEST?

My original request included the line:
----
Can you please provide me with any guidance issued to any section of UKBA / UK Visa Service as to how a person's dependancy might be established for the purposes for any type of application currently being processed within UKBA.
----

Key words being "for any type of application".

Therefore clarification DOES NOT NEED PROVIDING...

Surely UKBA staff can grasp the concept that the text quoted also equates to your "clarification request of "or information relating to all immigration categories where there is a requirement to be 'dependent'?"

I therefore expect a response by the previously established deadline!

Yours sincerely,

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 'Zambrano and Dependancy...'.

response is late. even past your "clarification" attempt standards...

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

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.

FOI Requests, UK Border Agency

Dear Mr Pearsall,

 

Ref: 27461

 

Thank you for your email of 13/06/13 in which you ask for an internal
review of our response to your Freedom of Information request of 07/05/13.

 

We will aim to send a full response by 11/07/13 which is twenty working
days from the date when we received your Time-Complaint (Internal Review)
request.

 

The Time-Complaint (Internal Review) will be carried out by R.Patel. If
you have any questions then please do not hesitate to contact FOI Requests
using the above e-mail address.

 

Yours sincerely

 

FOI Requests

Home Office

2, Marsham Street

London

SW1P 4DF

 

 

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

Dear UK Border Agency,

Ref: 27461

Your time complaint review doesnt remove your need to actually reply to my request mind...

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.

Information Access, UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached response for your internal review time complain.

 

Regards

R Patel

 

 

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

Dear Information Access,

27461

Thank you for your Time Complaint response. I highlight that I am still awaiting the information requested months ago. Whilst the time complaint states 10 further working days for a response... i trust this means that this is not a further request that you will now respond to stating it is vexatious (heck, doesnt take 10 working days to type a letter to state that does it?)...

As I'm sure you can imagine, I am eagar for my response, and should it ease your burden, I am happy for you to send a partial response and then send the further information in the 10 working days...

After waiting for so long to recieve the information requested already, i'm sure you can imagine that "the public" is not happy to wait for such a long period of time - esp considering the period of time has breached the legislation.

Yours sincerely,

Wayne Pearsall

VSD - FOI Enquiries, UK Border Agency

1 Attachment

Dear Mr Pearsall,

 

Please find attached the reply to your request.

I apologise for the delay.

 

Yours sincerely

FOI Team

 

 

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 'Zambrano and Dependancy...'.

"We have considered your request and we believe it to be vexatious. Section 14(1) of the Act provides that the Home Office is not obliged to comply with a request for information of this nature. We have decided that your request is vexatious because it is seen as obsessive. In the last 3 ½ month period, there have been 49 requests from you."

As detailed in my preaction protocol letter... the number of requests cannot constutute a vexatiousness claim.

either change your stance, and provide the information... or off i trot to the court rooms...

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

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.

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