Tag Archives: Centre-of-Life

FOI Request for definition of ‘centre of life’ for immigration purposes

Read more of this request here: FOI Request for definition of ‘centre of life’ for immigration purposes

From: European Operational Policy Enquiries
Home Office

1 May 2014

Dear Mr Hook,

Thank you for your email of 4th February to the Home Office Freedom of Information team. Please accept my apologies for the considerable delay in responding. This is due to an administrative oversight on our part.

For convenience, I have decided to consider your email as a general enquiry, rather than as a request for information under the Freedom of Information Act 2000, since we do not hold any specific guidance on the question you have asked.

I can confirm that the phrase ‘centre of life’ does not occur within the UK’s domestic Immigration Rules and there is no equivalent phrase therein covering the same criteria. The ‘centre of life’ test is specific to regulation 9 of the Immigration (European Economic Area) Regulations 2006. I previously released guidance to you on how we apply that test (in response to FOI request 30271).

I trust this has clarified matters and I apologise once again for the delay in responding to you.

Kind regards,

P. Grant
European Operational Policy Team
Immigration & Border Policy Directorate
Home Office

FOI Request for definition of 'centre of life' for immigration purposes

Read more of this request here: FOI Request for definition of ‘centre of life’ for immigration purposes

From: European Operational Policy Enquiries
Home Office

1 May 2014

Dear Mr Hook,

Thank you for your email of 4th February to the Home Office Freedom of Information team. Please accept my apologies for the considerable delay in responding. This is due to an administrative oversight on our part.

For convenience, I have decided to consider your email as a general enquiry, rather than as a request for information under the Freedom of Information Act 2000, since we do not hold any specific guidance on the question you have asked.

I can confirm that the phrase ‘centre of life’ does not occur within the UK’s domestic Immigration Rules and there is no equivalent phrase therein covering the same criteria. The ‘centre of life’ test is specific to regulation 9 of the Immigration (European Economic Area) Regulations 2006. I previously released guidance to you on how we apply that test (in response to FOI request 30271).

I trust this has clarified matters and I apologise once again for the delay in responding to you.

Kind regards,

P. Grant
European Operational Policy Team
Immigration & Border Policy Directorate
Home Office

New Home Office “Centre of Life” Guidance

In response to the new Centre of Life regulation introduced on Jan 1st 2014, A user of ‘What Do They Know’ has asked The Home Office for all of their guidance in relation to the new Centre of Life requirements.

You can find the original request here: Centre of Life Guidance for Surinder Singh.

Dear Home Office,

It appears clear that you have issued new Centre of life guidance
for Surinder Singh to case workers.

Can you please provide all policy updates. Home office circulars.
And full copies of guidance in relation to the new regulation 9.3
of eea regs 2006 that was introduced on Jan 1. 2014.

 

Another user of What Do They Know also submitted a Freedom of Information request which resulted in pretty much the same response.  This request can be found here:  FOI Request for definition of ‘centre of life’ for immigration purposes.

Dear Home Office,

I am making a Freedom Of Information request to ascertain how the
Home Office defines ‘centre of life’ as pertaining to immigration,
and written copies of all policy documents covering this. I am also
requesting copies of any guidance issued to any officials and
officers regarding decision-making regarding this.

I have been unable to find this information, and am looking forward to hearing from you on this matter.

 

I particularly like the fact that this FOI response actually states that there is NO MINUMUM TIME LIMIT you must reside / work in the EEA to qualify under Surinder Singh!

It is clear that this new ammendment was simply introduced so as to allow the ECO to use a “Legal” reason for refusal.  Ensure that you streghthen any application taking note of all relevant laws / case laws! (Particularly the recent ongoing case of S and O)

The UK Changes The Rules on Surinder Singh

On 3 December 2013, the UK government adopted the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 (SI No 3032) which amend Regulation 9 of the Immigration (EEA) Regulations. The new rules take effect on 1 January 2014.

From that date, it will now be a new requirement for those using the Surinder Singh route that the “the centre of [the British citizen]’s life has transferred to the EEA State where [the British citizen] resided as a worker or self-employed person.”

You can view more of A. Valcke’s post here: EU Rights Clinic: Surinder Singh Rules Changed.

I think that the post above sums up fantastically what the requirements should mean. Many of the new possible requirements already being completed. Here are some simple tips (and that is obviously all they are) to keep you on the right side…

  • Don’t leave kids behind, and make sure you sort out their education in the host member state
  • Transfer your car over to the new host member state, as well as your driving license.
  • Replace your EHIC with the local EHIC.
  • Don’t keep a rented accomodation in the UK, unless of course its necessary.
  • REMEMBER TO FOLLOW ALL RESIDENCE REQUIREMENTS OF THE HOST STATE.

It’s very wise to remember the case of Mrs Carpenter Case C-60/00. Her British Spouse (Mr Carpenter) never actually lived in an EU state, but still his simple provision of services to the EU was sufficient to bestow upon Mrs Carpenter a right of residence from the EU treaties.

It is also highlighted by the Home Office in their Freedom of Information response regarding the Effect of Case C-60/00 (Carpenter) on an EEA2 application to myself the following:

The Carpenter case simply highlights the fact that Member States cannot take action against the family members of EU nationals which would breach their rights under Article 8 of the ECHR. While the context of the case related to the exercise of the freedom to provide services, the determining factor in the case was the disproportionate effect of the proposed deportation of Mr Carpenter‟s wife.