BritCits

New BritCits freedom of information request

https://www.whatdotheyknow.com/request/ukba_website_2#incoming-417618

Dear Home Office

I note that your website has been amended recently: EUN2.14 (at this site: http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/eun/eun2/#header14 )

has had the following text removed: "It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law."

Could you please
a) confirm the date this text was removed?
b) explain why it was removed?

Yours faithfully

BritCits

Previously :

http://britcits.blogspot.co.uk/2013/07/down-memory-hole-spotted-on-facebook.html?m=1
http://britcits.blogspot.co.uk/2013/06/for-future-reference-ukba-on-surinder.html

A key paragraph on the website has changed. The question is when and why. We have some ideas, but we need an answer.

The crucial paragraph is also referred to here (19th April 2013):
http://www.jcwi.org.uk/blog/2013/04/19/surinder-singh-and-family-unity
It is a move as good as sanctioned on the UKBA website. The guidance notes on EEA family permits clearly state:
“It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.”

... here (3rd July 2013) :
http://www.kingsleynapley.co.uk/news-and-events/blogs/immigration-law-blog/family-migration-routes-to-the-uk-with-a-stop-over-in-europe
 However, the Home Office guidance issued to caseworkers considering applications under this route confirms that:
“It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.”

... and here (25th June 2013) :
http://www.bbc.co.uk/news/uk-23029195
This somewhat contradicts the UKBA website which says that it does not matter if the only reason a British national goes to another member state is to exercise an economic Treaty right so that they can come back to the UK with their family members.

Interestingly, this article appeared on Wikipedia :
http://en.wikipedia.org/wiki/Surinder_Singh_route

The first version appeared on 26th June, which is the day after the Newsnight piece. The Wikipedia article is incomplete because it only refers to British citizens using the Surinder Singh route - it's open to other Europeans (Dutch citizens, for example, can exercise their rights in Belgium if they wish, or French citizens in Spain). But it's an interesting appearance nonetheless.