Tag Archives: foi

Inaccurate information presented on Housing-Rights.info

I was referred to a www.Housing-Rights.info 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.

To:
Subject: Incorrect information on Housing-rights.info website.

Dear Sir(s),

I write with reference to your website: www.housing-rights.info  – particularly http://www.housing-rights.info/02_6_EEA_family_members.php

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:

https://www.gov.uk/government/publications/european-casework-instructions

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. https://www.whatdotheyknow.com/request/worc_housing_rights_eea_family

Yours truly,
Wayne Pearsall

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)