The points you have raised regarding your wife’s reporting restrictions and the incidents referred to upon her reporting have been escalated to colleagues at the reporting centre. I have requested they respond directly to you on these matters.
Re: Complaint as to IS96 reporting conditions / Failure to return supporting documents.
I am writing to you in regards to the application of my wife: Mrs x
Royal Mail Package: x (Delivered on 15th Jan 2013) HO Ref: x and Case ID: x
As I raised the initial complaint about the discrimination my wife has recieved from your colleges at the Solihull reporting centre on the 7th Feb, it appears that your own guidelines to respond to the complaint have not been completed. Neither myself, nor my wife have recieved any response in relation to the clear discrimination that she has endured at the reporting event on the 7th Feb 2013.
Also, further to this, even more evidence ascerting my wifes right of residence within the country – and therefore confirming that my wife should no longer be required to sign comes in the form of the following FOI response from your own Euro team:
Further to this I note that the supporting documents sent with my wifes application for a DRC have still not been returned – this has exceeded 20 working days now. And on this basis I am lodging a formal complaint in relation to this also. – As stated previously – UKBA are not required to withhold the passports of myself, my daughter or even that of my wife to process her application for a Derivative Residence Card. The fact that a COA was sent out to my wife confirms that you accept that she has a right to reside within the UK under a basis of EEA law (see document above).
Should a satisfactory response not be recieved within the next 7 days, I will be contacting my MP with regards to refering the complaints onto the Parlimentary Ombudsman.
I also attach a copy of my Disability Blue Badge – you can contact Warwickshire County Council should you wish to confirm the validity of the badge – As you are surely aware, (and if not then see: http://assets.dft.gov.uk/publications/blue-badge-scheme-local-authority-guidance/blue-badge-scheme-local-authority-guidance.pdf) The criteria for an award of a Blue Badge is to have a disability which renders somebody virtually unable to walk. On this basis – Along with the authorisation previously granted to contact my doctors, I provide this as evidence that it would not be in the best interests of two young BRITISH CITIZEN children to require that I assume the role as a primary carer.
Despite the UK’s interpretation of EU Law, we are also well aware that Case C-34/09 states that a member state cannot remove a parent which the child is dependant upon – with no mention of Solely ETC.
Finally, I would request that my wifes application is processed ASAP. and that all documents are returned to us ASAP – as previously promised by yourself!
I refer to Chapter 10 of your guidance notes:
Section 1 – If you are unwilling to process my wifes DRC application as a priority case, please explain why in detail… You have all documents with you, should further reports be necessary, you can contact my GP, my Daughters Nursery – [Nursery Name, Address and Tel No.]
I have previously stated to yourselves that my need for my passport is to enable me to travel to engage in my business interests in Ireland. When travelling into another EEA member state I am required to travel with sufficient identification to confirm my right to exercise my treaty rights enshrined within Directive 2004/38/EC. I am aware of the CTA agreement with Ireland and the UK. However I must STILL BE ABLE TO CONFIRM MY IDENTIFICATION.
I have stated previously, and repeat AGAIN – withholding my documents and that of my family members – INCLUDING MY SPOUSE hinders my rights enshrined within Directive 2004/38/EC.
On this basis: I request that the documents you hold of my family members are returned along with my own passport ASAP – Should you require us to return my wifes passport to issue a RC that can be done when required.
Mr W P
Your guidance resource to applying the 'Surinder Singh Route' to your case.