Inaccurate information presented on

I was referred to a in a FOI Response from Worcester City Council. I noticed that the website actually presented inaccurate information. I therefore informed them of this inaccurate information, and requested that they correct the information.

Subject: Incorrect information on website.

Dear Sir(s),

I write with reference to your website:  – particularly

I note that this website states the following:

Family members who are not themselves EEA nationals must apply for a residence permit within three months of arriving in the UK: the permit must be issued within six months of the application.

Applications for residence documentation in line with the Immigration (European Economic Area) Regulations 2006 is entirely optional. No application is required. This information is correctly advised by the Home Office in Chapter 2 of the European Operations Policy in Section 1.1:

As I am sure you are aware, Article 25(1) of the Citizen’s directive (2004/38/EC) which the 2006 regulations transpose into UK legislation outlines that application for any residence documentation cannot be a prerequite for a beneficiary to be granted their rights. This has infact been held binding in UK law in the High Court – in the case of Okuoimose v City Facilities Management (UK) Ltd UKEAT/0192/11/DA – outlining that rights can be established using other means of proof.

As you will see from my FOI request to Worcester City Council, all local authorities rely on your website for guidance. As your information is inaccurate, I would appreciate that you correct the information.

Yours truly,
Wayne Pearsall

4 thoughts on “Inaccurate information presented on”

  1. Thanks for the comment about our website which was passed on by someone else. The best contact point for issues about the housing rights website is the one given at the bottom of every page under the heading ‘Feedback’. We are always pleased to get comments and will of course investigate this and any other issue about the information on the site. I’ll post another comment here when we have checked out the issue you raise.

    1. Ahh, and it looks like Worcester City Council wasn’t joking about all authorities using the website either…

      This from Birmingham City Council:

      A family member of an EEA national categorised as a ‘worker’ has the right to reside in the UK and ‘mirrors’ their rights as a worker. These include eligibility for benefits and housing assistance. However, these only exist as long as their partner (not cohabitee) maintains worker status. However this is a complex area and it often changes.

      A large number of Birmingham City Council housing employees have received specific training on this subject area and the documents used to determine eligibility are attached along with a link below.

      Birmingham City Council – EEA Family Member Housing Rights

      1. I’m pleased to hear local authorities are using the website. The wording on the site has now been changed to clarify that the permit is not compulsory but may be useful. Thanks for drawing it to our attention.

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