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com/request/instructions_given_to_caseworker
5 September 2012
Dear Mrs. Richens, Thank you for your email dated 20 August regarding the instructions given to caseworkers in dealing with applications made under regulation 9 of the Immigration (European Economic Area) Regulations 2006 ("the Regulations"). Your email has been treated as a routine enquiry and not under the Freedom of Information Act 2000. I can confirm that guidance was issued to European casework teams on 19 May 2011 in European Operational Policy Notice 05/2011. This notice confirms that UK nationals who have exercised Treaty rights as a worker or self-employed person in another EEA member state are not required to exercise Treaty rights on their return to the UK in order to be treated as an EEA national for the purposes of regulation 9. I trust that this response answers your enquiry satisfactorily. Yours sincerely, European Operational Policy Team UK Border Agency. show quoted sections Link to this
there is nobody to answer the call and then was abruptly cut off. This happened for several days. I decided to make another application. This was also refused because we had not shown any evidence of myself exercising a treaty right in a member state. I telephoned the immigration bureau again and this time had more luck and my call was answered. The lady who answered explained that I had to provide again, all of the original evidence that had been presented in Spain, and that it had to be translated into English. Apparently there is no centralised system at the UK Border Agency to show that this evidence had already been verified in Spain, and the application form does not state anywhere that this evidence needed to be presented again. So we duly had all of the evidence of my residency in Spain, my work history in Spain and evidence of residing with my husband translated into English. (Costing 500!) We made another application with this evidence. In the meantime I had started a part-time job and to be on the safe side I later also sent a payslip as I was worried about another rejection of the application. After nearly four months we finally received my husbands Residence Card. But with it a letter explaining that he only has rights to stay here if I (his sponsor) continue to exercise treaty rights here in the UK. Again the caseworker does not appear to understand that I do not need to be exercising treaty rights on my arrival in the UK, only before I return. I intend to write to them with a copy of this information that I have requested, so that they can make any necessary changes to my husbands rights to reside. I will update with any further contact that I have with the UK Border Agency regarding this matter. Mrs Richens Link to this