The procedural formalities introduced on 1 February 2017 via the coming into force of the new 2016 EEA Regulations,  mean that  where an application for  EEA residence documentation is  not  submitted on a prescribed application form  and  is not accompanied by  specified  supportive documentation,  such an application is now very likely to  be rejected as invalid, i.e it will not be considered at all by the Secretary of State.

 

Regardless of whether the Secretary of State may exercise discretion over whether to accept the application or not,  it is not clear why EEA  applications submitted after  1 February 2017, must now pass a validity hurdle.

 

What is the utility in procedurally sifting  EEA applications,  allowing  for the real likelihood of rejection, for a supposed failure to provide supportive documents  when in practical reality,   in  cases of  postal applications, the consideration process can take up to  6 months to be completed?  During that  consideration process, an applicant can realistically rectify   the deficiencies  in relation to required documentation. If  the  new  process is  purposed to expedite an effective  consideration of EEA applications, then after 1 February 2017, there should  now be no need  for applicants to wait up to  6 months or more to have their applications considered by the Home Office as the   sifting stage itself would  supposedly have placed  the application in a position to be considered more expeditiously.

 

(1) THE SALA  EFFECT 

 

Following   the unfortunate  outcome in  the  case of Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC), in September 2016, the Government  evidently gathered from that case that they  had missed  several  legislative opportunities from since 2000: i.e, an opportunity  not to  make  the process easier  but   to draft new buttressed  legislation intended to make it clear, among other matters, that for EEA nationals and family member,  they are  now the “new undesirables”. Relevantly,  it appears, as per the comparisons set out below, that their applications are now  to be procedurally processed almost  on par with those submitted in reference to the Immigration Rules or at times even more strictly,  before a right of residence can be confirmed.

 

An analysis of the case of Sala can be viewed here:

 

A Judicial Awakening:Extended Family Members Should Never Have Been Allowed to Have Appeal Rights

 

Setting aside current mutterings  that Sala was perhaps wrongly decided, the Upper Tribunal stated as follows in that  case:

 

“75. As regards the “existing appeal rights” there referred to, we have already set out the provisions in the EEA Regulations 2000 which, indeed, mirror in large measure the EEA Regulations 2006 as regard the position not only of EEA nationals and their family members but also what we now refer to as EFMs. Neither immediately prior to 2006 nor thereafter is there any statement (at least to which we were referred) which indicates that the purpose of Parliament in either set of Regulations was to confer a right of appeal against a decision to refuse to issue a residence document to a person who is now known as an EFM.”

 

Sala was notified on 19 September 2016. On 22 September 2016, updated  Home Office Policy Guidance was  published: Extended family members of European Economic Area (EEA) nationals – v3.0  and this provided that  the Guidance changes  had been prompted by the need to   reflect the judgement regarding appeal rights for extended family members: “If you refuse an application from an extended family member for residency documentation such as a residence card, that decision does not attract a right of appeal, as it is not an ’EEA decision’ as defined in regulation 2 of the EEA regulations”.

 

Barely two months later, on 3 November 2016, the new 2016 EEA Regulations  were published  to come  fully into effect on 1 February 2017 and provide  as follows:

 

“General interpretation

2.—(1) In these Regulations—

……

EEA decision” means a decision under these Regulations that concerns—

(a)a person’s entitlement to be admitted to the United Kingdom;

(b)a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include a decision that an application for the above documentation is invalid);

(c)a person’s removal from the United Kingdom; or

(d)the cancellation, under regulation 25, of a person’s right to reside in the United Kingdom,

but does not include a decision to refuse to issue a document under regulation 12(4) (issue of an EEA family permit to an extended family member), 17(5) (issue of a registration certificate to an extended family member) or 18(4) (issue of a residence card to an extended family member), a decision to reject an application under regulation 26(4) (misuse of a right to reside: material change of circumstances), or any decisions under regulation 33 (human rights considerations and interim orders to suspend removal) or 41 (temporary admission to submit case in person)”.

 

Following on from Sala, the drafters of the  2016 EEA  Regulations would have  read and re-read the parent Citizen  Directive  2004/38, paused,  regrouped, and read the Directive  once more before  perhaps finally fixating  upon the  following preamble of  the Directive:

 

“(14) The supporting documents required by the competent authorities for the issuing of a registration certificate or of a residence card should be comprehensively specified in order to avoid divergent administrative practices or interpretations constituting an undue obstacle to the exercise of the right of residence by Union citizens and their family members”.

 

This perhaps  formed the Government’s reliance upon the parent Directive, possibly   giving  some justification for amending the Regulations  in relation to the EEA application process and providing an accompanying new  Guidance on 14 February  2017.

 

However, the parent  Directive appears no where  to  make references to  cumbersome or inflexible  procedural  hindrances, such as  inordinately lengthy prescribed application  forms,  validity issues and  rejections as  justifiable and proportionate  measures capable of  standing in the way of obtaining a confirmation of a right of residence upon application, where all other relevant supportive documents are provided.

 

It can then be taken,  that at times rather than simplifying   matters,  the new procedures may unnecessarily  complicate matters,  potentially  being  employed as  a delaying mechanism  in relation  to   the issue of residence documentation  or even   an undue  obstacle to the exercise of  rights of residence.

 

(2) SOME RELEVANT PROVISIONS OF THE PARENT DIRECTIVE ON ADMINSTRATIVE FORMALITIES

 

The 2004 Citizen Directive provides as follows:

 

Article 8

“Administrative formalities for Union citizens:

…………

3.For the registration certificate to be issued, Member States may only require that

– Union citizens to whom point (a) of Article 7(1) applies present a valid identity card or passport, a confirmation of engagement from the employer or a certificate of employment, or proof that they are self-employed persons;

-Union citizens to whom point (b) of Article 7(1) applies present a valid identity card or passport and provide proof that they satisfy the conditions laid down therein;

– Union citizens to whom point (c) of Article 7(1) applies present a valid identity card or passport, provide proof of enrolment at an accredited establishment and of comprehensive sickness insurance cover and the declaration or equivalent means referred to in point (c) of Article 7(1). Member States may not require this declaration to refer to any specific amount of resources.

…………………..

5.For the registration certificate to be issued to family members of Union citizens, who are themselves Union citizens, Member States may require the following documents to be presented:

(a) a valid identity card or passport;

(b) a document attesting to the existence of a family relationship or of a registered partnership;

(c) where appropriate, the registration certificate of the Union citizen whom they are accompanying or joining;

(d) in cases falling under points (c) and (d) of Article 2(2), documentary evidence that the conditions laid down therein are met;

(e) in cases falling under Article 3(2)(a), a document issued by the relevant authority in the country of origin or country from which they are arriving certifying that they are dependants or members of the household of the Union citizen, or proof of the existence of serious health grounds which strictly require the personal care of the family member by the Union citizen;

(f) in cases falling under Article 3(2)(b), proof of the existence of a durable relationship with the Union citizen”.

Article 9

Administrative formalities for family members who are not nationals of a Member State

1. Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months.

2. The deadline for submitting the residence card application may not be less than three months from the date of arrival.

3. Failure to comply with the requirement to apply for a residence card may make the person  concerned liable to proportionate and non-discriminatory sanctions.

Article 10

Issue of residence cards

1. The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called “Residence card of a family member of a Union citizen” no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.

2. For the residence card to be issued, Member States shall require presentation of the following documents:

a) a valid passport;

(b) a document attesting to the existence of a family relationship or of a registered partnership;

(c) the registration certificate or, in the absence of a registration system, any other proof of residence in the host Member State of the Union citizen whom they are accompanying or joining;

(d) in cases falling under points (c) and (d) of Article 2(2), documentary evidence that the conditions laid down therein are met;

(e) in cases falling under Article 3(2)(a), a document issued by the relevant authority in the country of origin or country from which they are arriving certifying that they are dependants or members of the household of the Union citizen, or proof of the existence of serious health grounds which strictly require the personal care of the family member by the Union citizen;

(f) in cases falling under Article 3(2)(b), proof of the existence of a durable relationship with the Union citizen.

Article 15

Procedural safeguards

…………………….

2.Expiry of the identity card or passport on the basis of which the person concerned entered the host Member State and was issued with a registration certificate or residence card shall not constitute a ground for expulsion from the host Member State

Article 25

General provisions concerning residence documents

1. Possession of a registration certificate as referred to in Article 8, of a document certifying

permanent residence, of a certificate attesting submission of an application for a family member residence card, of a residence card or of a permanent residence card, may under no circumstances be made a precondition for the exercise of a right or the completion of an administrative formality, as entitlement to rights may be attested by any other means of proof.

2. All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents”.

(3) WHAT DOES THE EXPLANATORY MEMORUNDAM TO THE 2016 EEA  REGULATIONS  RELEVANTLY SAY?

 

• “4.8 Part 3 (residence documentation) provides for the issue of residence documentation to those who satisfy the conditions in Part 2. A new regulation 21 permits the Secretary of State to require applications for residence documentation under the 2016 Regulations to be made using a specified application form, or pursuant to a particular process. Regulation 21(3) requires an applicant for a residence card or derivative residence card to make the application from within the UK.
• 7.12 The definition of “EEA decision” in regulation 2(1) of the 2016 Regulations largely replicates the definition in the 2006 Regulations. However, it makes it clear that an EEA decision does not include a decision to refuse to issue to an extended family member of an EEA national an EEA family permit, registration certificate or residence card as found in the judgment of the Upper Tribunal (Immigration and Asylum Chamber) in Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC).
• 7.16 Regulation 21 of the 2016 Regulations sets out procedural requirements for making a valid application for EEA documentation. Regulation 21(4) provides that an application will be invalid where it is not submitted in accordance with the requirements set out in Part 3, including where any application is not accompanied or joined by the necessary proof or identity documents required by that Part.
• Applications by extended family members for registration certificates (regulation 17(5)) and residence cards (regulation 18(4)) are largely the same but it is now clear that applications for these documents must be accompanied or joined by valid identity documents. These requirements are subject to the safeguard that where there are circumstances beyond the control of the applicant that mean the applicant cannot apply in accordance with the process in regulation 21(1), the Secretary of State may exercise discretion over whether to accept the application or not (regulation 21(6))”.

 

(4) WHAT ARE THE RELEVANT  PARTS OF THE  2016 EEA REGULATIONS?

 

Part 3 of the 2016 regulations (residence documentation) sets out the different residence documents (except for an EEA family permit which is covered at regulation 12) and the requirements which must be met in order for those documents to be issued. In line with regulation 21, the applications for documents must be accompanied or joined by the listed evidence or proof required by that Part or regulation 12.

 

Part 3 of the EEA 2016 Regulation encompasses Regulations 17 to 22.

 

(a) Procedure for applications for documentation under Part 3  and regulation 12:

 

21.(1) An application for documentation under this Part, or for an EEA family permit under regulation 12, must be made—

(a)online, submitted electronically using the relevant pages of http://www.gov.uk; or

(b)by post or in person, using the relevant application form specified by the Secretary of State on www.gov.uk.

(2)All applications must—

(a)be accompanied or joined by the evidence or proof required by this Part or regulation 12, as the case may be, as well as that required by paragraph (4), within the time specified by the Secretary of State on http://www.gov.uk; and

(b)be complete.

(3)An application for a residence card or a derivative residence card must be submitted while the applicant is in the United Kingdom.

(4)When an application is submitted otherwise than in accordance with the requirements in this regulation, it is invalid.

(5)Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied or joined by a valid national identity card or passport in the name of that EEA national.

(6)Where—

(a)there are circumstances beyond the control of an applicant for documentation under this Part; and

(b)as a result, the applicant is unable to comply with the requirements to submit an application online or using the application form specified by the Secretary of State, the Secretary of State may accept an application submitted by post or in person which does not use the relevant application form specified by the Secretary of State.

 

(b) Issue of EEA family permit:

 

12.(1) An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—

(a)the EEA national—

(i)is residing in the United Kingdom in accordance with these Regulations; or

(ii)will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

(b)the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there.

(2)An entry clearance officer must issue an EEA family permit to a person who applies and provides evidence demonstrating that, at the time at which the person first intends to use the EEA family permit, the person—

(a)would be entitled to be admitted to the United Kingdom because that person would meet the criteria in regulation 11(5); and

(b)will (save in the case of a person who would be entitled to be admitted to the United Kingdom because that person would meet the criteria for admission in regulation 11(5)(a)) be accompanying to, or joining in, the United Kingdom any person from whom the right to be admitted to the United Kingdom under the criteria in regulation 11(5) is derived.

(3) An entry clearance officer must issue an EEA family permit to—

(a)a family member who has retained the right of residence; or

(b)a person who is not an EEA national but who has acquired the right of permanent residence under regulation 15.

(4)An entry clearance officer may issue an EEA family permit to an extended family member of an EEA national (the relevant EEA national) who applies for one if—

(a)the relevant EEA national satisfies the condition in paragraph (1)(a);

(b)the extended family member wants to accompany the relevant EEA national to the United Kingdom or to join that EEA national there; and

(c)in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.

(5)Where an entry clearance officer receives an application under paragraph (4) an extensive examination of the personal circumstances of the applicant must be undertaken by the Secretary of State and if the application is refused, the entry clearance officer must give reasons justifying the refusal unless this is contrary to the interests of national security.

(6)An EEA family permit issued under this regulation must be issued free of charge and as soon as possible.

(7)But an EEA family permit must not be issued under this regulation if the applicant or the EEA national concerned is not entitled to be admitted to the United Kingdom as a result of regulation 23(1), (2) or (3) or falls to be excluded in accordance with regulation 23(5).

(8)An EEA family permit must not be issued under this regulation to a person (“A”) who is the spouse, civil partner or durable partner of a person (“B”) where a spouse, civil partner or durable partner of A or B holds a valid EEA family permit.

 

(c) Issue of registration certificate:

 

17.(1) The Secretary of State must issue a registration certificate to a qualified person immediately on application and production of—

(a)a valid national identity card or passport issued by an EEA State; and

(b)proof that the applicant is a qualified person.

(2)In the case of a worker, confirmation of the worker’s engagement from the worker’s employer or a certificate of employment is sufficient proof for the purposes of paragraph (1)(b).

(3)The Secretary of State must issue a registration certificate to an EEA national who is the family member of a qualified person or of an EEA national with a right of permanent residence under regulation 15 immediately on application and production of—

(a)a valid national identity card or passport issued by an EEA State; and

(b)proof that the applicant is such a family member.

(4)The Secretary of State must issue a registration certificate to an EEA national who is a family member who has retained the right of residence on application and production of—

(a)a valid national identity card or passport; and

(b)proof that the applicant is a family member who has retained the right of residence.

(5)The Secretary of State may issue a registration certificate to an extended family member not falling within regulation 7(3) who is an EEA national on application if—

(a)the application is accompanied or joined by a valid national identity card or passport;

(b)the relevant EEA national is a qualified person or an EEA national with a right of permanent residence under regulation 15; and

(c)in all the circumstances it appears to the Secretary of State appropriate to issue the registration certificate.

(6)Where the Secretary of State receives an application under paragraph (5) an extensive examination of the personal circumstances of the applicant must be undertaken by the Secretary of State and if the application is refused, the Secretary of State must give reasons justifying the refusal unless this is contrary to the interests of national security.

(7)A registration certificate issued under this regulation must state the name and address of the person registering and the date of registration.

(8)A registration certificate is—

(a)proof of the holder’s right to reside on the date of issue;

(b)no longer valid if the holder ceases to have a right to reside under these Regulations;

(c)invalid if the holder never had a right to reside under these Regulations.

(9)This regulation is subject to regulations 24 (refusal to issue or renew and revocation of residence documentation) and 25 (cancellation of a right of residence).

 

(d) Issue of residence card:

 

18.—(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a right of permanent residence under regulation 15 on application and production of—

(a)a valid passport; and

(b)proof that the applicant is such a family member.

(2)The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of—

(a)a valid passport; and

(b)proof that the applicant is a family member who has retained the right of residence.

(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State must immediately issue the applicant with a certificate of application for the residence card and the residence card must be issued no later than six months after the date on which the application and documents are received.

(4)The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if—

(a)the application is accompanied or joined by a valid passport;

(b)the relevant EEA national is a qualified person or an EEA national with a right of permanent residence under regulation 15; and

(c)in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

(5)Where the Secretary of State receives an application under paragraph (4) an extensive examination of the personal circumstances of the applicant must be undertaken by the Secretary of State and if the application is refused, the Secretary of State must give reasons justifying the refusal unless this is contrary to the interests of national security.

(6)A residence card issued under this regulation is valid for—

(a)five years from the date of issue; or

(b)in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,

whichever is the shorter.

(7)A residence card—

(a)must be called “Residence card of a family member of an EEA national”;

(b)is proof of the holder’s right to reside on the date of issue;

(c)is no longer valid if the holder ceases to have a right to reside under these Regulations;

(d)is invalid if the holder never had a right to reside under these Regulations.

(8)This regulation is subject to regulations 24 and 25.

 

(e) Issue of a document certifying permanent residence and a permanent residence card:

 

19.(1) The Secretary of State must, as soon as possible, issue an EEA national with a right of permanent residence under regulation 15 with a document certifying permanent residence on application and the production of—

(a)a valid national identity card or passport issued by an EEA State; and

(b)proof that the EEA national has a right of permanent residence.

(2)The Secretary of State must issue a person who is not an EEA national who has a right of permanent residence under regulation 15 with a permanent residence card no later than six months after an application is received and the production of—

(a)a valid passport; and

(b)proof that the person has a right of permanent residence.

(3)Subject to paragraph (4) a permanent residence card is valid for ten years from the date of issue and must be renewed on application.

(4)A document certifying permanent residence and a permanent residence card is—

(a)proof that the holder had a right to reside under regulation 15 on the date of issue;

(b)no longer valid if the holder ceases to have a right of permanent residence under regulation 15;

(c)invalid if the holder never had a right of permanent residence under regulation 15.

(5)This regulation is subject to regulations 24 and 25.

 

(f) Issue of a derivative residence card:

 

20.(1) The Secretary of State must issue a person with a derivative residence card on application and on production of—

(a)a valid national identity card issued by an EEA State or a valid passport; and

(b)proof that the applicant has a derivative right to reside under regulation 16.

(2)On receipt of an application under paragraph (1) the Secretary of State must issue the applicant with a certificate of application as soon as possible.

(3)A derivative residence card issued under paragraph (1) is valid until—

(a)the date five years from the date of issue; or

(b)any earlier date specified by the Secretary of State when issuing the derivative residence card.

(4)A derivative residence card issued under paragraph (1) must be issued as soon as practicable.

(5) A derivative residence card is—

(a)proof of the holder’s derivative right to reside on the day of issue;

(b)no longer valid if the holder ceases to have a derivative right to reside under regulation 16;

(c)invalid if the holder never had a derivative right to reside under regulation 16.

(6)This regulation is subject to regulations 24 and 25.

 

(5) THE PROCESSES AND PROCEDURES FOR EEA DOCUMENTATION APPLICATIONS GUIDANCE IN SUMMARY

 

The Processes and procedures for EEA documentation applications Guidance Version 5.0 of 14 February 2017 tells Home Office caseworkers what to consider when assessing an application for a document to confirm a right of residence in the UK for a European Economic Area (EEA) national qualified person or a family member of a EEA national.

 

EEA residence documentation applications made but not determined before 1 February 2017 are to be treated as having been made under the 2016 regulations. However, those applications are not required to have met the conditions of regulation 21 (procedure for applications for documentation) and therefore should not be rejected as invalid on the sole basis that they did not meet the procedure requirements set out in the guide.

 

Validity of applications:-

 

For an application for a document confirming a right of residence to be valid, it must be submitted on the specified application form, with all relevant sections completed. In addition, all applications must be accompanied by the relevant fee, documentation and evidence or proof required by the 2016 regulations.

Rejection of invalid applications:-

 

In line with regulation 21(4), applications can be rejected as invalid where, within the specified time period:

 

• the incorrect fee, or no fee has been submitted

• the incorrect form, or no form has been submitted. In line with regulation 21(6) there may be circumstances beyond the control of the applicant which means that they are unable to comply with the requirement to submit an application online (where applicable) or using the specified form. Each case must be considered on its individual merits and in such circumstances, Home Office caseworkers may continue to accept an application submitted by post or in person which does not use the specified application form

• the biometric sections have not been completed (where relevant)the relevant sections on the form have not been completed

• the specified documents, proof or evidence have not been submitted

• the requisite valid identification document or documents has not been submitted. In line with regulation 42, alternative evidence of identity and nationality may be accepted where the person is unable to obtain or produce the required document due to circumstances beyond the person’s control.Regulation 42 entitles the Secretary of State to accept alternative evidence of identity and nationality where a person is unable to produce the required documents due to circumstances beyond their control. This regulation does not apply to anyone seeking admission to the UK under regulation 11, as this already contains a provision allowing an applicant to establish their right to enter by other means. There may be exceptional reasons why a person cannot provide such documentation and Home Office caseworkers can accept alternative evidence of identity and nationality if  an applicant  cannot produce the required document due to circumstances beyond their control. This may be, for example, if they have been granted asylum in the UK and there would be a potential risk to the applicant in seeking documentation from the authorities in their home country, or their asylum claim has failed but there is an ongoing appeal against that decision. In such cases, a Home Office issued application registration card (ARC) can be accepted as alternative evidence of identity and nationality. Where such alternative documentation is accepted, this can also be considered acceptable for the purposes of an applicant’s appeal rights. There may also be other reasons why a person cannot produce a passport or ID card. Each case must be considered on its individual merits. Where the applicant claims cost or inconvenience as a reason for not supplying valid ID or if an ARC card is submitted but the asylum claim was refused and the applicant’s appeal rights are exhausted,  these are considered not to be sufficient  reasons for accepting alternative ID. For applications for residency documentation submitted online, where the European Passport Return Service has been used by the applicant, a verified copy of the passport submitted to the Home Office by the participating local authority, is acceptable as an alternative to the applicant’s original passport. Passports and identity documents must be originals. Copies of these documents will not be accepted, except in the case of passports only where they have been verified, copied and submitted to the Home Office by a local authority participating in the European Passport Return Service. Other documents, such as marriage or birth certificates should be originals, as photocopies cannot be accepted unless there are valid reasons for not being able to provide the original document. In these circumstances, the Home Office caseworker  can accept a copy certified by the body or authority which issued the original  or  a legal representative  All documents not in English must be accompanied by an official English translation.

 

Fees:-

 

EEA family permits are issued free of charge.

 

The following documentation has a fee of £65 for each applicant:

 

• registration certificate

• residence card

• document certifying a right of permanent residence

• permanent residence card

• derivative residence card

 

The fee applies to each applicant.

 

Home Office caseworkers must reject applications received without the correct fee as invalid.

 

There is no legal basis under which the applicable fee can be waived, and Home Office caseworkers must not process applications which have been accepted in error if the correct fee has not been paid.

 

Incomplete forms:-

 

An application can be rejected as invalid if it is incomplete. All relevant sections of the application form must be completed. In particular, where the following sections of the application form are incomplete the application can be rejected as invalid.

 

Always required:

 

• payment details (and payment of the fee)

• applicant’s details

• applicant declaration

 

Required, where relevant:

 

• biometric information for non-EEA nationals

• the sponsor details

• sponsor declaration

• family members included in the application

 

Specified Application Forms:-

 

• EEA Family   permit applications

 

EEA family permits are valid for a period of 6 months from their date of issue.

 

Applications are dealt with by visa services and these applications are free of charge and must be treated as a priority application.

 

An application for an EEA family permit must be made online, unless the applicant is applying from North Korea. Applicants living in North Korea can apply using form VAF5.

 

When applying for an EEA family permit, an application is only valid where it is submitted on the specified form, is complete, and includes:

 

• valid passport for applicant

• valid passport or EEA national identity card for the EEA national sponsor (a photocopy is acceptable for the purposes of an EEA family permit application

• evidence of the relationship between the family member and their sponsor

If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate, then the application should be refused.

 

• Registration Certificate applications

 

In line with regulation 21, an EEA national applying for a registration certificate must apply online (where applicable) or using the specified form EEA(QP) unless there are circumstances beyond the applicant’s control which means they are unable to comply with this requirement.

 

To qualify for a registration certificate as a qualified person, an application is only valid where it is submitted on the specified form, is complete, the relevant fee has been paid, and includes:

 

• a valid EEA national identity card or passport issued by an EEA state

• evidence they are a qualified person

 

If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate then the application should be refused.

 

Applicants who apply using hard copy form EEA(QP) cannot include their EEA family members on the same application form. EEA nationals who apply as a family member using a hard copy form must complete one of the following forms:

 

• EEA(FM) to apply as a direct family member

• EEA(EFM) to apply as an extended family member

Regulation 17(1) of the 2016 regulations says that a registration certificate must be issued to a qualified person, immediately on receipt of an application and production of the relevant documents.

 

EEA national qualified persons can arrange to attend the PSC in Croydon to have their application for a registration certificate considered in person and dealt with over the counter. They must book an appointment in advance. Only EEA nationals applying for a registration certificate as a qualified person will be dealt with by the PSC.  To arrange an appointment at the PSC, applicants must book online on the GOV.UK website.

 

• Direct Family members and Residence Card applications

 

In line with regulation 21, a direct family member applying for a registration certificate or residence card must apply online (where applicable) or using the specified form EEA(FM), unless there are circumstances beyond the applicant’s control which means they are unable to comply with this requirement.

 

To qualify for a registration certificate or residence card as a direct family member, an application is only valid where it is submitted on the specified form, is complete, the relevant fee has been paid, and includes:

 

• for EEA national family members – registration certificate (regulation 17):

-valid EEA national identity (ID) card or passport issued by an EEA state for the applicant

-a valid passport or valid national ID card for the relevant EEA national sponsor

-proof that the applicant is such a family member (for example a marriage certificate or birth certificate

-proof that the relevant EEA national is a qualified person (this evidence will vary depending upon the basis on which the EEA national is exercising their free movement rights) or has permanent residence

 

• For non EEA national family members – residence card (regulation 18):

 

-valid passport for applicant

-a valid passport or valid national ID card for the relevant EEA national sponsor

-proof that the applicant is such a family member (for example a marriage certificate or birth certificate)

-proof that the relevant EEA national is a qualified person (this evidence will vary depending upon the basis on which the EEA national is exercising their free movement rights) or has permanent residence

 

If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate then the application should be refused.

 

Applications for a residence card are only valid if submitted while the applicant is in the UK.

 

The EEA national sponsor does not need to have applied for or been issued with a registration certificate before a direct family member applies.

 

Regulation 18(3) of the 2016 regulations says a residence card must be issued to a non-EEA national who is a family member of an EEA national who is a qualified person, or has a permanent right of residence within 6 months of receiving an application and producing:a valid passport; proof that shows the applicant is a family member, as claimed

 

• Extended family members and Residence Card applications

 

Extended family members of EEA nationals who are qualified persons, or extended family members of EEA nationals who have a right of permanent residence, do not have an automatic right of residence. If extended family members wish to have a right to reside under the regulations beyond an initial three months, they must apply for, and be issued with:

 

• an EEA family permit if they are a non-EEA national

• a registration certificate (for EEA nationals) or residence card (for non-EEA nationals) once in the UK

 

The applicant must be either:

 

• the partner of the EEA national (but not their spouse or civil partner) and be in a durable (lasting) relationship with them

• a relative of the EEA national (but not their direct family member) who either: -on serious health grounds strictly needs the personal care of the EEA national and would meet the requirements in the immigration rules for indefinite leave to enter/remain as a dependent relative (other than those relating to the requirement to hold entry clearance)

• – has been dependent on the EEA national, or has been a member of the EEA national’s household, before coming to the UK, and continues to be dependent on the EEA national, or be a member of their household

 

Applicants must apply online (where applicable) or using the specified form EEA(EFM), as specified in regulation 21 of the 2016 regulations, unless there are circumstances beyond the applicant’s control which means they are unable to comply with this requirement.

 

To qualify for a registration certificate or residence card as an extended family member (EFM) of an EEA national, where the EFM has not previously been issued with residency documentation, the application is only valid where it is submitted on the specified form, is complete, the relevant fee has been paid, and:

 

• where the EFM is themselves an EEA national seeking a registration certificate (regulation 17), includes:-a valid passport or valid national ID card for the relevant EEA national sponsor -proof that the relevant EEA national has permanent residence or is a qualified person (this evidence will vary depending upon the basis on which the EEA national is exercising their free movement rights) -evidence of the relationship between the EFM and their sponsor -a valid EEA national identity (ID) card or passport issued by an EEA state for the applicant

• where relevant, evidence that they are: – a relative of the EEA national and are dependent on them, a member of their household, strictly need their personal care on serious health grounds or would meet the requirements in the immigration rules for indefinite leave to enter/remain as a dependent relative-in a durable (lasting) relationship with the EEA national

• where the EFM themselves is a non EEA national seeking a residence card (regulation 18): -a valid passport or valid national ID card for the relevant EEA national sponsor o evidence of the relationship between the EFM and their sponsor   -proof that the relevant EEA national has permanent residence or is a qualified person (this evidence will vary depending upon the basis in which the EEA national is exercising their free movement rights) – valid passport for the applicant

• where relevant, evidence that they are: -a relative of the EEA national and are dependent on them, a member of their household, strictly need their personal care on serious health grounds or would meet the requirements in the immigration rules for indefinite leave to enter or remain as a dependent relative -in a durable (lasting) relationship with the EEA national

 

If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate, then the application should be refused.

 

Applications for a residence card are only valid if submitted while the applicant is in the UK.

 

Regulation 18(3) applies the same timescales of 6months to non-EEA national family members who have retained a right of residence, when they produce: a valid passport ;proof the applicant is a family member who has retained the right of residence

 

Document certifying permanent residence and Permanent Residence Card applications

 

An EEA national who has acquired permanent residence under the regulations can apply for a document certifying permanent residence.

 

A non-EEA national who has acquired permanent residence under the regulations can apply for a permanent residence card.

 

EEA nationals or their family members applying for a permanent residence card must apply online (where applicable) or using the specified form EEA(PR), in line with regulation 21 unless there are circumstances beyond the applicant’s control which means they are unable to comply with this requirement.

 

To qualify for a document certifying permanent residence or a permanent residence card (regulation 19), an application is only valid where it is submitted on the specified form, is complete, the relevant fee has been paid, and includes:

 

• proof of identity, which is: -for non EEA nationals – a valid passport

• -for EEA nationals – a valid national identify card or passport issued by an EEA state

• evidence to show they have a right to permanent residence, either because they have resided in the UK for a continuous period of 5 years and had a right of residence under the regulations throughout that period or because they fulfil one of the other qualifying conditions to obtain permanent residence

• when applying as family member or extended family member of an EEA national, a valid passport or valid national identity card for the relevant EEA national sponsor

• where relevant, evidence to show they are, or their family member is, an EEA national worker or self-employed person who has ceased activity

• where relevant, evidence they were the family member of an EEA national worker or self-employed person who has died, they resided with that EEA national immediately before their death, and either: -the death was the result of an accident at work or an occupational disease

• -the worker or self-employed person had resided continuously in the UK for at least the 2 years immediately before their death

• where relevant, evidence they have retained the right of residence and have resided in the UK for a continuous period of 5 years

 

If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate then the application should be refused.

 

Regulation 19(1) says home office case workers must issue a document certifying permanent residence as soon as possible after an application and relevant documents have been submitted.

 

Regulation 19(2) says a person who is not an EEA national who has a permanent right of residence must be issued with a permanent residence card no later than 6 months after the date the application and proof the person has such a right is received.

 

A permanent residence card must be issued with a validity period of 10 years.

 

• Derivative Residence Card applications

 

A derivative residence card is a document confirming residence under regulation 16. A person may have a derivative right of residence under 16 in one of the following categories:

 

primary carers of:

 

• o British citizens (‘Zambrano’ cases)

• self-sufficient EEA national children (‘Chen’ cases)

• a child of an EEA national worker where that child is in education in the UK (‘Ibrahim / Teixeira’ cases)

• dependent children of primary carers in one of the categories set out above

• children of EEA national workers where that child is in education in the UK (‘Ibrahim / Teixeira’ cases)

 

Applicants must apply online (where applicable) or using the specified form DRF1, as provided for in regulation 21 of the 2016 regulations, unless there are circumstances beyond the applicant’s control which mean they are unable to comply with this requirement.

 

To qualify for a derivative residence card (regulation 20) as a primary carer in one of the relevant categories, an application is only valid where it is submitted on the specified form, is complete, the relevant fee has been paid, and includes:

 

• a valid national identity (ID) card issued by an EEA state or a valid passport for the applicant

• a valid passport or valid national ID card for the relevant sponsor.

• evidence that they meet the relevant conditions under regulation 16

 

Persons claiming a derivative right of residence as the primary carer of a British citizen (Zambrano) must also submit evidence to show:

 

• British citizenship for the person for whom they claim to be a primary carer

• that the British citizen would be unable to reside in the UK or in another EEA member state if the applicant had to leave the UK for an indefinite period

 

Persons claiming a derivative right of residence as the primary carer of a self-sufficient EEA national child (Chen) must also submit evidence to show the:

 

• EEA nationality for the child who they claim to be the primary carer for

• EEA national child has sufficient resources to support themselves and their primary carer or carers

• EEA national child and their primary carer or carers hold valid comprehensive sickness insurance

• EEA national child would be unable to remain in the UK if the applicant had to leave the UK for an indefinite period

 

Persons claiming a derivative right of residence as the primary carer of an child of an EEA national worker where that child is in education in the UK (Ibrahim/Teixera) must also submit evidence to show the:

 

• child who they claim to be a primary carer for is the child of an EEA national

• EEA national was a worker in the UK at a time when the child was in the UK

• child is currently in education in the UK

• child would be unable to continue their education in the UK if the applicant had to leave the UK

 

Persons claiming a derivative right of residence as a child of an EEA national worker where that child is in education in the UK (Ibrahim / Teixera) must submit evidence to show that:

 

• They are the  child of an EEA national

• The EEA national was a worker in  the UK at a time when the applicant was in the UK

• The applicant is currently in education in the UK

Persons  claiming a derivative right of residence as the dependant child of a primary carer in one of the categories set out above  must also submit  evidence  to show:

 

• The person on whom their claim is based is their primary carer

• Their relationship to that primary carer

• The primary carer has a derivative right of residence under regulation 16

• That asking the applicant to leave  would  prevent their primary carer from residing in the UK

 

If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate, then the application should be refused.

 

Applications for a derivative residence card are only valid if submitted while the applicant is in the UK

 

Because derivative rights of residence are not covered directly by Directive 2004/38/EC (the ‘free movement Directive’), applications are not subject to the 6 month timescales which apply to other residence card applications.

 

Persons claiming a derivative right of residence as the primary carer of an child of an EEA national worker where that child is in education in the UK (Ibrahim/Teixera) must also submit evidence to show the:

 

• child who they claim to be a primary carer for is the child of an EEA national

• EEA national was a worker in the UK at a time when the child was in the UK

• child is currently in education in the UK

• child would be unable to continue their education in the UK if the applicant had to leave the UK

 

Persons claiming a derivative right of residence as a child of an EEA national worker where that child is in education in the UK (Ibrahim / Teixera) must submit evidence to show that:

 

However, in line with regulation 20(4), applications for derivative residence cards must be considered ‘as soon as practicable’.

 

Derivative residence cards will usually be issued for a period of 5 years. In certain circumstances the Home Office may issue for an alternative period depending on the individual facts of the case.

 

Missing documents or evidence:-

 

In line with regulation 21, an application for documentation must be accompanied or joined by the evidence or proof required by:

 

• part 3 of the 2016 regulations (Residence documentation), or regulation 12 (Issue of EEA family permit),

• regulation 21(5) (Procedure for applications for documentation under Part 3 and regulation 12)

 

Specified time period:-

 

Applications submitted online must be joined by the relevant evidence or proof required within 10 calendar days of the application being submitted.

 

Applications submitted by post or in person should be accompanied by the relevant evidence or proof required at the time the application is submitted.  If these conditions are not met then the application can be rejected as invalid.

 

Biometric information for non-EEA nationals:-

 

In line with the Immigration (Provision of Physical Data) Regulations 2006 (as amended), from 6 April 2015 any non-EEA national applying for a residence card, derivative residence card or permanent residence card must give their biometric information to be issued a document confirming their right to reside in the UK under EU law. References to a residence card, derivative residence card or permanent residence card includes a document issued in a biometric format.

 

The application will only be considered valid at the point at which the applicant successfully enrols their biometric information.

 

If a non-EEA national does not give their biometric information within the specified timescale, home office case workers must reject their application as invalid.

 

This requirement applies to non-EEA nationals only. Home Office caseworkers must not ask an EEA national applicant to give their biometric information.

 

Certificates of Application and biometric information:-

 

A certificate of application (COA) is a document confirming the holder has submitted an application for one of the following documents under the regulations:

 

• residence card

• derivative residence card

The COA does not confirm that the holder has a right of residence in the UK:

 

• a ‘short’ COA confirms receipt of the holder’s application – it does not confirm any right to work for the applicant

• a ‘long’ COA confirms receipt of the holder’s application and confirms the applicant’s ability to take employment in the UK whilst their application is outstanding

 

In line with regulation 18(3) of the 2016 regulations, on receipt of an application for a residence card and the documents that that are required to accompany that application, a COA must be issued ‘immediately’.

 

In line with regulation 20(2), on receipt of an application for a derivative residence card and the documents that are required to accompany that application, a COA must be issued ‘as soon as possible’.

 

To be issued with a ‘long’ COA confirming a right to take employment while their application is under consideration, an applicant  for a residence card must have submitted:

 

• a valid passport

• a valid EEA national ID card or passport for the EEA national

• evidence of relationship to their EEA national (for example, marriage or birth certificates) and either:

 

-evidence the EEA national has exercised free movement rights in the UK as a jobseeker, worker, self-employed person, self-sufficient person or student

-evidence the EEA national has permanent residence in the UK.

 

If they have not submitted all of the evidence listed above, Home Office case workers must issue a ‘short’ COA, which does not confirm a right to take employment.

 

Anyone issued with a ‘short’ COA due to their failure to submit the required evidence cannot later be issued with a ‘long’ COA if they submit this evidence.

 

Applicants who fail to enrol their biometric information will not have made a valid application and will have no entitlement to be issued with a COA.

 

Home Office caseworkers must issue a ‘long’ COA to anyone who applies for a residence card because they retain a right of residence under regulation 10 provided that they submit the following evidence:

 

• a valid passport

• a valid national ID card or passport for the EEA national

• evidence of termination of relationship (for example, decree absolute, final order of dissolution of a civil partnership, death certificate) and either:

-evidence the EEA national exercised free movement rights in the UK as a jobseeker, worker, self-employed person, self-sufficient person or student at the date of the termination

 

-evidence the EEA national had permanent residence in the UK at the date of the termination

 

In cases of retained rights, there may be some circumstances where the applicant is unable to provide either the EEA national’s identity or evidence they were exercising free movement rights at the date of the termination. If the applicant provides a reasonable explanation for the missing information (for example because the applicant was the victim of domestic violence by the EEA national), then a ‘long’ COA can be issued.

 

Extended family members, including durable partners, of EEA nationals do not enjoy an automatic right of residence in the UK until they have been issued with a document by the Home Office confirming such a right. Home Office caseworkers must issue a ‘short’ COA to extended family members who have submitted an application for a residence card regardless of the level of evidence submitted with their application.

 

Home Office caseworkers must issue applicants for  derivative residence cards  with a ‘long’ COA confirming a right to take employment while their application is under consideration if they submit the following information:

 

• a valid passport

• a valid passport or EEA national ID card for the person they claim to derive a right from

• evidence of relationship to the person for whom they claim to be the primary carer

 

If any of the above evidence is not submitted with the application, the home office case worker must issue a ‘short’ COA.

 

Applicants have 15 days to enrol their biometrics. This means that the earliest date in which the applicant will be issued a COA (providing they have enrolled their biometrics) will be at around day 17.

 

Where confirmation is received that biometric information has been successfully enrolled, either a long COA (which confirms employment) or a short COA (which does not confirm employment) will be issued based on the type of application and the information provided.

 

Where there is evidence that that the applicant has previously been known to the Home Office using a different identity than the one in which they have made their most recent application for a residence card or derivative residence card, then Home office caseworkers must issue the applicant with a short COA.

 

If the applicant does not enrol their biometric information within the required period, the application will be rejected as invalid and a COA will not be issued.

 

No Right of appeal upon rejection:-

 

In line with the definition of ‘EEA Decision’ in regulation 2, an application that is rejected as invalid because it has not been submitted in accordance with the regulations will not provide a right of appeal as the decision to reject the application as invalid is not considered an ‘EEA decision’.

 

Retention of administrative fee upon rejection:-

 

From 18 March 2016, the Home Office can retain an administration fee from in-country charged applications that are rejected as invalid. If an application is rejected in this way,  the home office case worker must refund the fee paid, minus a £25 administration fee.

 

(6) COMPARISONS IN SUMMARY WITH VALIDITY REQUIREMENTS  FOR  APPLICATIONS  SUBMITTED UNDER THE IMMIGRATION RULES

 

As will be evident by comparison with  the requirements below, EEA nationals and family members submitting residence documentation applications are now  being subjected to almost similar measures affecting validity of their application in much the same way  as applications  submitted under the Immigration Rules.

 

As regards how to make a valid application for leave to remain in the UK, Paragraph   34 of the Immigration Rules currently states:

 

(a)Specified application form:-

 

 

(1) (a) Subject to paragraph 34(1)(c), the application must be made on an application form which is specified for the immigration category under which the applicant is applying on the date on which the application is made.

 

(b) An application form is specified when it is posted on the visa and immigration pages of the GOV.UK website.

 

(c) An application can be made on a previous version of a specified paper application form (and shall be treated as made on a specified form) as long as it is no more than 21 days out of date.

 

(b)Mandatory sections of the application form must be completed:

 

 

(2) All mandatory sections of the application form must be completed.

 

(c)Requirement to pay the full application fee:

 

 

(3) Where the applicant is required to pay a fee, this fee must be paid in full in accordance with the process set out in the application form.

 

(d)Requirement to pay the Immigration Health Surcharge:

 

 

(4) Where the applicant is required to pay the Immigration Health Surcharge, this must be paid in accordance with the process set out on the visa and immigration pages of the GOV.UK website.

 

(e)Requirement to provide proof of identity:

 

 

(5) (a) Subject to paragraph 34(5)(c), the applicant must provide proof of identity as described in 34(5)(b) below and in accordance with the process set out in the application form.

 

(b) Proof of identity for the purpose of this Rule means:

 

(i) a valid passport or, if an applicant (except a PBS applicant) does not have a valid passport, a valid national identity card; or

 

(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card; or

 

(iii) if the applicant does not have any of the above, a valid travel document.

 

(c) Proof of identity need not be provided where:

 

(i) the applicant’s passport, national identity card or travel document is held by the Home Office at the date of application; or

 

(ii) the applicant’s passport, nationality identity card or travel document has been permanently lost or stolen and there is no functioning national government to issue a replacement; or

 

(iii) the applicant’s passport, nationality identity card or travel document has been retained by an employer or other person in circumstances which have led to the applicant being the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism; or

 

(iv) the application is for limited leave to enable access to public funds pending an application under paragraph 289A of, or under Part 6 of Appendix Armed Forces or section DVILR of Appendix FM to these Rules; or

 

(v) the application is made under Part 14 of these Rules for leave as a stateless person or as the family member of a stateless person; or

 

(vi) the application was made by a person in the UK with refugee leave or humanitarian protection; or

 

(vii) the applicant provides a good reason beyond their control why they cannot provide proof of their identity.

 

(6) Where any of paragraph 34(5)(c)(ii)-(vii) applies, the Secretary of State may ask the applicant to provide alternative satisfactory evidence of their identity and nationality.

 

(f)Requirement to provide two passport sized photographs:

 

(7) Two passport sized photographs must be provided in accordance with the requirements set out in the application form and accompanying guidance notes.

(g)For applicants under 8year of age, parents/legal guardian to provide written consent :

 

(8) Where the main applicant is under the age of eighteen, their parent or legal guardian must provide written consent to the application.

(h)Application to be sent to address om the application form or Home Office premium service centre;

 

 

(9) (a) Where the application is made:

 

(i) on a paper application form, it must be sent by pre-paid post or courier to the address on the application form or, where permitted, submitted in person at a Home Office premium service centre;

 

(ii) on-line and the applicant chooses to or is subsequently required to attend an appointment at a place specified by the Home Office as part of the application process, the applicant must make and attend the appointment within 45 days of submission of the on-line application.

 

(b) Application types permitted in person at a Home Office premium service centre are listed on the visa and immigration pages of the GOV.UK website.

 

(i)Requirement to provide biometric information:

 

(10) Where the applicant is required to provide their biometric information, this must be provided in accordance with the process set out in the biometric enrolment letter and any subsequent warning letter issued in accordance with the Code of Practice about the sanctions for noncompliance with the biometric registration regulations.

 

(j)Invalid applications:

 

34A. Subject to paragraph 34B, where an application for leave to remain does not meet the requirements of paragraph 34, it is invalid and will not be considered.

 

(k)10working days “ grace period”:

 

Paragraph 34B of the Immigration Rules provides that  if  an applicant has not sent all the mandatory documents, Home Office caseworkers  must contact them or their representative, in writing, to give them a single opportunity to correct any omission or error they have made which could make their application invalid. They  must give them 10 business days to respond to their  request. Where an applicant does not comply with the request, the application is invalid and will not be considered.

 

(l)Retention of administrative fee:

 

From 18 March 2016, new fees regulations allow the Home Office to retain an administration fee. This applies to all charged in country applications for leave to remain where a fee has been paid but where the application contains errors or is missing information and is therefore rejected as invalid.

 

An administration fee cannot be retained if an application is void, or the applicant has died.

 

Where the fee has been paid but the application is invalid, the Home Office caseworker must reject the application and process a refund for the application minus £25 per person included in the application. This applies to applications submitted on or after 18 March 2016.

 

CONCLUSION

 

In reference to the specified time period, it appears from the EEA Processes  Guidance that only applications submitted online must be joined by the relevant evidence or proof required within 10 calendar days of the application being submitted.

 

The Guidance makes it clear that applications submitted by post or in person should be accompanied by the relevant evidence or proof required at the time the application is submitted. If these conditions are not met then the application can be rejected as invalid.

 

This seems a much more stringent requirement in comparison to  applications  submitted under  the Immigration Rules. As above, paragraph 34B of the Immigration Rules provides that  if  an applicant has not sent all the mandatory documents, Home Office caseworkers  must contact them or their representative, in writing, to give them a single opportunity to correct any omission or error they have made which could make their application invalid. They  must give them 10 business days to respond to their  request.  Why then  should the same procedure not apply to EEA  residence documentation applications?  Rather  than take   the ambiguous and unsatisfactory  line  as per the guidance, “If only some of the supporting evidence or proof is provided the application should be considered rather than rejected. If, after consideration, the evidence or proof is found to be inadequate then the application should be refused”,  why not fairly and reasonably  make it part of the EEA  application  process  for all types of applications, for home office caseworkers  to request further documentation within a specified time period prior to deciding the application?