European Policy Note from the British Home Office (most of 2014)

These 2014 policy notes on the UK’s European operational policy for European Free Movement were released in response to a FOI request (done through to the Home Office.   They include notes issued until November 2014.

(Previously released Euopean Policy Notes can be found here.  These were also released in response to a FOI request).

Verification of eligibility   (UK European Operational Policy Note 01/2014) (link)

“Replaces EOPN 02/13 and provides guidance to case workers on how to consider applications where a person fails to provide evidence to substantiate their claim or attend an interview when invited to do so“

Discussion of regulation 20B introduced in the Immigration (European Economic Area) (Amendment) (No.2) Regulations 2013, and the grounds on which HO believes it can request verification of provided evidence, and discusses appeal rights restrictions of regulation 26(5).

Issued: 1st January 2014

Regulation 9 (Surinder Singh Cases)   (UK European Operational Policy Note 02/2014) (link)

“This notice provides guidance to case workers on how to consider applications from the non-EEA national spouse or civil partner of a British citizen who has exercised Treaty rights in another EEA member state.”

This EOPN concerns the British government’s new regulation 9(2)(c) and 9(3) that require the British citizen to have transferred the centre of their life to another EEA member state

Issued: 01 January 2014

Jobseekers and retention of ‘worker’ status   (UK European Operational Policy Note 03/2014) (link)

“Guidance to decision makers on how to consider applications from EEA nationals who are jobseekers or who are in involuntarily unemployment following a period of employment and are seeking to retain worker status in line with regulation 6(2)”

The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2013 impose new qualifying criteria to be satisfied in order to be exercising Treaty rights as a jobseeker and also incorporates the Upper Tier Tribunal judgment of Shabani (EEA – jobseekers; nursery education) [2013] UKUT 00315 (IAC) into the Regulations at regulation 6(5)(b).

Issued: 01 January 2014

Caseworking guidance covering amendments to the Croatian regulations that come into force on 6th April 2014  (UK European Operational Policy Note 04/2014) (link)

Processing of outstanding applications, now that Croatia is an EU member state

Issued: 4th March 2014

Caseworking guidance covering Croatian FMRS applications that are outstanding on 6th April 2014   (UK European Operational Policy Note 05/2014) (link)

Processing of outstanding FMRS applications, now that Croatia is an EU member state

Issued: 4th March 2014

Additional scrutiny of applications  (UK European Operational Policy Note 06/2014) (link)

“In cases where there is evidence of previous attempts by the applicant to gain any leave or citizenship by deception…”

It is unclear why this EOPN was issued.  It seems to be common sense, but maybe it is not so obvious to those processing European law applications

Issued: 4 July 2014

NHS access and the Comprehensive Sickness Insurance (CSI) requirement (Ahmad [2014] EWCA Civ 988)  (UK European Operational Policy Note 07/2014)  (link)

Discussion on whether NHS coverage qualifies as CSI for the purpose of students and self sufficient people.

This EOPN does not provide either a list of valid CSI policies, nor guidelines for evaluating policies.  That seems to still be up to the individual caseworkers.

Issued: 06 August 2014

ECJ cases of MG and NO  (UK European Operational Policy Note 08/2014) (link)

Guidance to decision-makers on how to consider periods of imprisonment for the purposes of acquiring permanent residence and benefitting from the enhanced protection from deportation

REF ECJ judgments in NO (C378/12) (‘Onuekwere’) and MG (C400/12)

Includes sections on Assessing whether a person should benefit from imperative threshold and Ten years residence completed before imprisonment

Issued: 18th September 2014

UK born children of Turkish ECAA applicants  (UK European Operational Policy Note 09/2014) (link)

“Guidance when dealing with applications for settlement under the Turkish ECAA provisions which include a UK born child

4. Legal advice has suggested that simply refusing such children without any indication of an alternative route to settlement may give rise to legal challenge. Granting immediate settlement to UK born children who have never held leave is not possible under the ECAA or desirable from a policy perspective.”

Issued: 2 October 2014

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