Free Movement United Kingdom

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Dear Migration and Home Affairs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

According to the directive 2004/38/EC a British National who has exercised their treaty rights in another EU country has the right to bring their family members under EU free movement regulations (Surrinder Singh).

I am wondering if there is guidance that explicitly states that so long as the non-EU family member is able to demonstrate their identity through other means they do not have to hand in their passport when making an application for a United Kingdom residence card.

The non-EU national holds a residence card (article 10) from Spain and will be able to prove their identity by providing their original birth certificate and identity card from the 3rd country in which they are from. The reason why the 3rd country national is reluctant to hand over their passport is because the application takes 6 months meaning it would be difficult to travel.

Despite the option of requesting the documents back the UK Home Office has been known to abuse its powers and withhold passports under national law, Section 17 of the Asylum & Immigration (Treatment of Claimants etc) Act 2004.

However given EU law is supreme over National law please may you provide me with the documentary guidance for this.

Yours faithfully,

Mr T Gumbo

EC ARES NOREPLY, Migration and Home Affairs

[1]Ares(2016)6150058 - RE: access to documents request - Free Movement
United Kingdom

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Dear Mr Gumbo,
Thank you for your request for access to documents.
Unfortunately you have not indicated your postal address that is required
for registering and handling your request in line with the procedural
requirements. Please send us your full postal address at your earliest
convenience. Pending your reply, we reserve the right to refuse the
registration of your request.
You may, of course, use directly the electronic form for entering your
request:
[2]http://ec.europa.eu/transparency/regdoc/...
Best regards,

European Commission
Home Affairs and Migration
Access to Documents team

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