Brit Cits

Fwd: Your Europe Advice enquiry 1749601 message

Jen Wardell 16 July 2015 at 21:17To: Brit Cits

Hi Sonel,

Here you go :)

---------- Forwarded message ----------From: Date: Wed, Jul 15, 2015 at 5:41 PMSubject: Your Europe Advice enquiry 174960To: jawardell@gmail.com

Dear Sir/Madam,

Please find below the reply to your enquiry. Please note that the advice given by Your Europe Advice is anindependent advice and cannot be considered to be the opinion of the European Commission, of any other EUinstitution or its staff nor will this advice be binding upon the European Commission, any other EU or nationalinstitution.

Thank you for contacting Your Europe Advice.

We are sorry to hear of your difficulties.

You should know that Your Europe Advice is aware of the excessive formalities that the UK authorities impose onapplicants for residence documents, which we consider are not in keeping with the requirements of Directive2004/38. It is clear that the imposition of additional requirements on applicants which go beyond thosespecifically laid down by Article 10(2) of the Directive represents reprehensible divergent administrative practicesor interpretations constituting an undue obstacle to the exercise of the right of residence within the meaning ofrecital 14 of the Directive.

You should also know that the European Commission is responsible for monitoring the application of all EUlegislation by EU countries. It is currently examining the progress made by member states in implementingDirective 2004/38. In some cases, it has initiated infringement proceedings against the Member States who failedto implement the Directive or failed to communicate details of implementing legislation.See for example the Commission s proceedings against the UK concerning breaches of Directive 2004/38:http://europa.eu/rapid/press-release_IP-12-417_en.htm

Regrettably, it is a distinct possibility that the new 127-page application form has in part been designed inorder to dissuade EU citizens and their family members from applying for a permanent residence card.

You therefore have two options in respect of your application.

You can refuse to supply the information and mention that it was already supplied in respect of the applicationmade for your first residence card. However, this runs the risk of having your application turned down and havingto contest the matter before the courts which can be costly and time-consuming.

Alternatively, you can comply with the request for information and submit what evidence you have, even if it isevidence that was already submitted for your residence card application.

We also have some further recommendations to make in respect of the application process.Usually, the Home Office will take about six months to process the application.During this time it will retain all documents you send along with the application form.

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1 of 2 16/07/2015 21:24

Jen Wardell

To: To: jawardell@gmail.com

sonelHighlight

Please make sure you send a full itemised list of all documents you are enclosing with your application.You should make a photocopy of the entire application form and supporting documents.The application should be sent by registered mail with recorded delivery so as to have proof of correspondence.

In the event that this does not resolve the issue, you should feel free to contact us again so we can advise youfurther.

We hope this answers your query.

We remain at your disposal, should you require further information.

To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.

Your original enquiry was:Hi there!I am currently about to hit my one year mark since entering the UK after living in Malta for quite a whileunder the Directive. We later found out when coming back for my husband's family (there was someone very illwho later passed away) that when we were here since we had completed regulations that would qualify us underSurinder Singh we could stay. So we stayed to help family and the like. I had a lot of bad treatment by the UKgovernment with some illegal refusals of entry even with EU residence card and this was eventually resolved andI was granted my 5 year residence card to the UK under the Surinder Singh rules. So now it's been basically ayear since then I was looking in to what happens when the residence card runs out and I get permanentresidence. I read through the documents that the UK is asking for for application for permanent residence andwas very confused. For those here under Surinder Singh they are asking for proof of exercising treaty rights inanother country, although that already had to be established to be granted the Family Permit AND the residencecard (5 years). Why would we have to send all of that documetation again? And are they allowed to do that? Iread through the directive and it clearly states that the permanent residence is automatically granted after 5years of legally living in the country, it has nothing to do with prior years. We passed the Center of Life test, butwhat if we had come before that and hadn't had all of those documents? Basically it feels like the UK arepurposely blocking people from applying and I'm wondering if that's allowed or something that is beinginvestigated by the EU commission? If the right to live permanently is automatically granted at 5 years why dothey need to see proof of time before that when they already have seen it and given you residence based onit?Thanks,Jennifer

Yours sincerely,

Your Europe Advice

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2 of 2 16/07/2015 21:24