Accidental leakage of restricted information?

Docterror · Post by **Docterror** » Mon Apr 30, 2007 5:12 pm

A lot of information given here seems to be marked 'RESTRICTED' and 'not to disclosed outside the IND'. Save a copy while you can if anyone is interested before they change it.

mads · Post by **mads** » Mon Apr 30, 2007 7:39 pm

Oops ... someone's head is going to roll when they find out the information is available

Thanks Docterrror!!!

Docterror · Post by **Docterror** » Mon Apr 30, 2007 8:46 pm

I was particularly surprised by the list of the nationalities that warranted a Warning Index check which had always been hidden from us all the time. This also gives weight to the explanation of why certain nationalities get their Naturalisation quicker than other nationalities as they too would have hidden information like this.

Also while they do warn about the possibilty of non-EEA nationals applying for the Residence Card while not being in the UK, they have absolutely no suggestion of how to detect such cases or how to solve it... just a "We must prevent this from happening" and that's all. Really don't know what to say!

Post by **John** » Mon Apr 30, 2007 9:43 pm

Docterror, many thanks for the message about this ... copy safely saved.

Papafaith · Post by **Papafaith** » Tue May 01, 2007 5:54 am

Thanks Docterror, saved too, will come in handy someday.

th · Post by th » Tue May 01, 2007 12:59 pm

No surprise that they had removed this from their website.

Am a bit too late to get hold of this. Is it legal to post a pdf copy on this forum?

olisun · Post by **olisun** » Tue May 01, 2007 1:05 pm

th wrote:No surprise that they had removed this from their website.

Am a bit too late to get hold of this. Is it legal to post a pdf copy on this forum?

The document is still available for "download"

th · Post by th » Tue May 01, 2007 1:38 pm

Interesting...it's not available for download when I tried it at 11:00 this morning. Looks like they had removed it from the TOC for now.

Table of Contents

* Frequently asked questions (458.5 K )
* Chapter list (10.98 K )
* Chapter 1 - Rights of Movement - European Economic Area (EEA) Nationals (39.58 K )
* Annex A - Immigration (EEA) Regulations 2006 (145.25 K )
* Annex B - Free Movement of Persons Directive (2004/38/EC) (97.89 K )
* Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (87.35 K )
* Chapter 3 - Issue of an EEA Family Permit (35.4 K )
* Chapter 4 - Registration Certificate Applications (42.6 K )
* Chapter 6 - Permanent Residence (131.84 K )
* Chapter 7 - Accession State Nationals (381.25 K )
* Chapter 8 - Enforcement Action Taken Against EEA Nationals and Family Members (250.67 K )
* Chapter 11 - Swiss Agreement Cases (13.97 K )
* Chapter 12 - Public Funds (19.79 K )
* Chapter 13 - Transitional Arrangements (24.79 K )

mahil_2000 · Post by **mahil_2000** » Tue May 01, 2007 1:46 pm

link to download?

jes2jes · Post by **jes2jes** » Tue May 01, 2007 2:16 pm

would someone volunteer to send me the document by email?

Thanks

OL7MAX · Post by **OL7MAX** » Tue May 01, 2007 2:30 pm

Yes, they've removed this.

I haven't been able to see the original pdf, but thanks Google cache

Other chapters are still available.

Question: Any idea how long that pdf was publicly available for and why they removed it now? Is there someone from the HO spying on this forum?

th · Post by th » Wed May 02, 2007 9:06 am

Link to download works from my home network but not work network because my ISP at home is caching the web traffic so even though BIA had removed it, I can still get it. However my work network does not has proxy server so it had failed.

The google cache one was the very old one and it did not mention warning index, etc. Check it out!

Papafaith · Post by **Papafaith** » Wed May 02, 2007 9:41 am

....................................

333 · Post by **333** » Wed May 02, 2007 2:48 pm

anyone want to post what countries are on the warning index please?

Cheers

Mini · Post by **Mini** » Thu May 03, 2007 4:21 pm

What's wrong with technology in UK ? First the junior doctors now this !

Can anyone volunteer to send me the file if I pm my email id ?

please...

Christophe · Post by **Christophe** » Thu May 03, 2007 4:42 pm

Mini wrote:What's wrong with technology in UK ? First the junior doctors now this !

Can anyone volunteer to send me the file if I pm my email id ?

please...

This is a small blip compared with the junior doctors' application tool: that one is a true disaster for everyone involved.

thsths · Post by **thsths** » Fri May 04, 2007 7:38 pm

Docterror wrote:Also while they do warn about the possibilty of non-EEA nationals applying for the Residence Card while not being in the UK, they have absolutely no suggestion of how to detect such cases or how to solve it... just a "We must prevent this from happening" and that's all. Really don't know what to say!

Well, there are several parts to this I guess. They could show reason like most other countries and process the applications over the counter. That would at least verify that you are in the UK.

But I wonder whether they can refuse it anyway. I don't find any requirement in the EU directive that states you have to be in the country. Of course the EU principal has to be living in the UK, but for the family member the intend to join seems to be enough.

Docterror · Post by **Docterror** » Fri May 04, 2007 10:05 pm

thsths wrote:But I wonder whether they can refuse it anyway. I don't find any requirement in the EU directive that states you have to be in the country.

Actually, it is implied in the Directive and can be seen by a look at Article 10. One of the requirements for issuing a Residence Card is a valid passport of the non-EEA national. Pls note that a certified copy of the passport will not do. Now how can a passport be in the UK while its holder be in another country? And as far as I can remember I think it is an criminal offence to pass a passport across international borders.

Of course the EU principal has to be living in the UK, but for the family member the intend to join seems to be enough.

Could you pls point out the part of the Directive from which you concluded that only the intend to join is enough? Because as far as 2(c) of Article 10 is concerned a Residence Card has to issued only if, and I quote-

(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,

and not

(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 intend to accompany or join.

Rozen · Post by **Rozen** » Sat May 05, 2007 8:50 am

I'm getting a little bit confused here....

As far as I know, a non-EEA family member who is not already in the UK, will first have to apply for an EEA Family Permit at the British High Commission (embassy) in their country of residence. The non-EEA national will have to present their passport there, together with a notarised copy of the EEA national's passport (or the original, if the EEA national is present with the applicant), as well as proof of relationship, and proof that the EEA national is exercising treaty rights in the UK.

This EEA Family Permit is valid for up to six months, and is issued to permit the non-EEA national to travel to the UK to join (or with) the EEA national. It is while in the UK, that the non-EEA family member will apply for an EEA Residence Card and supply their origianal passport with the EEA2 application. The Residence Card is valid for up to five years.

SunBlue · Post by **SunBlue** » Sat May 05, 2007 4:39 pm

Could anyone send me this file (chapter 5)? Just send me a pm and I will give you my email.

Thanks!

transpondia · Post by **transpondia** » Sun May 06, 2007 7:25 pm

Docterror wrote:A lot of information given here seems to be marked 'RESTRICTED' and 'not to disclosed outside the IND'. Save a copy while you can if anyone is interested before they change it.

Well done, Docterror. We were planning an FOI on this, but you saved the day. Further down in the thread there's a link to the cache. ILPA recommends using the WayBack Machine, but any way that works is fine.

arhangelsk · Post by **arhangelsk** » Sun May 27, 2007 2:51 pm

could anyone who had a chance to read these file give briefe account what was the fuss about please

immigration1 · Post by **immigration1** » Tue May 29, 2007 9:12 am

If you are referring to the EEA chapters then this is still available. Go to the BIA website, go to Laws & Policy, policy instructions and then European Casework Directorate Instructions (EDI)

maibesa · Post by **maibesa** » Tue May 29, 2007 9:13 am

I've got a copy of the doc if anyone's still interested.

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