"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Friday 24 January 2014

More 'centre of life' and Surinder Singh FOI


'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


1 comment:

  1. 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.