More 'centre of life' and Surinder Singh FOI
https://www.whatdotheyknow.com/request/foi_request_for_definition_of_ce
'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.
HO Response :
'Regulation 9(2)(c) imposes a duty on the British citizen to prove that they
had transferred the centre of their life to another EEA member state.
'Regulation 9(3) provides a list of factors that must be taken into account
when considering whether the British citizen had transferred the centre
of their life. This list includes:
• the period of residence in the EEA state as a worker or self-
employed person
• the location of the British citizen’s principal residence
• the degree of integration of the British citizen in the EEA state ...
'Transferral of the centre of life
'Period of residence in the EEA state as a worker or self-employed person
'Generally, the longer the British citizen has been exercising Treaty rights in another EEA member state, the more likely it is that they will have transferred the centre of their lives.
'There is still no minimum time period that must be spent in the host member state and all cases must be assessed on their own merits.
'Principal residence
'The principal residence is the place and country where the British citizen’s life is primarily based.
'‘Primarily’ does not mean ‘solely’ – e.g. you cannot refuse if the British citizen returns to the UK regularly, so long as their principal residence is in another EEA member state.
'The degree of integration of the British citizen in the EEA member state
'There are many factors that may indicate the degree of integration, examples may include:
• Does the British citizen have any children born in the host member state?
If so, are the children attending schools in the host member state?
• Does the British citizen have any other family members resident in the host member state?
• Has the British citizen immersed themselves into the life and culture of the host member state? For example, have they bought property there? Do they speak the language? Are they involved with the local community? '
More : https://www.whatdotheyknow.com/request/192605/response/474065/attach/html/4/FOI%2030271%20Annex%20A%20New%20Regs%20Training%20Slides%20Surinder%20Singh.pdf.html
http://britcits.blogspot.co.uk/2014/01/centre-of-life-for-surinder-singhers.html
While as per EU Law, the British Citizen having exercised treaty rights is considered as EU Citizen when he come back to UK with his Family Members with EU Residence Card from another EU Country. There is nothing in the European Law that says about 'Centre of Life' and no conditions can be imposed as this will amount to discrimination as well as restricting freedom of movement right guaranteed by European Law.
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