Right to Vote...

[wiggsy]

Hey guys.

So, turns out that my wife's credit rating is 'very poor'. She has numerous 'credit agreements' which have been managed perfectly. However, the fact that she is not on the electoral register is seriously damaging what could otherwise be a good credit rating.

My wife is now in the UK following Surinder Singh. She was issued with an EEA Family Permit. We attempted to register her to vote - this was refused.

So, my view is, Article 24 of Directive 2004/38/EC makes it that all non-EEA Family members should be allowed to vote (as local citizens are allowed)? Am I wrong on this view, or? - Before answering please see: https://www.whatdotheyknow.com/request/ ... 010080.pdf

If Commonwealth citizens can also vote: this further extends the facial Discrimination involved with the "Democratic Process". (Nationality is a trait of race - as outlined in Reg 9(1) of the Equality Act 2010).

So, following the (expected) letter refusing to allow my wife to vote, I'm knocking together this:

[ Name ]
[ Address ]

Date: [ Date ]

Democratic Support Services
Electoral Services
By Email: [ Email Address ]
[ Postal Address ]

Dear [NAME]

I write further to your letter dated [ DATE ]. In your letter you clearly outline that the basis you are using to refuse to allow myself to be placed upon the electoral register is that of my nationality.

As nationality is a trait of race, as outlined in Regulation 9(1) of the Equality Act 2010, this is clearly discrimination - which is not in accordance with either The Equality Act 2010, or that of Article 24 of Directive 2004/38/EC of which my residence in the United Kingdom is governed.

Article 24 of Directive 2004/38/EC clearly outlines that I may not be discriminated against due to my nationality. However, as clearly outlined by your letter dated [ DATE ] in which you clearly state that you are refusing to register me on the electoral register because of the fact I am an Indonesian Citizen.

Directive 2004/38/EC can be accessed at the following URL (online): http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

Article 24 - Equal Treatment clearly reading as follows:

1. Subject to such specific provisions as are expressly provided for in the Treaty and secondary law, all Union citizens residing on the basis of this Directive in the territory of the host Member State shall enjoy equal treatment with the nationals of that Member State within the scope of the Treaty. The benefit of this right shall be extended to family members who are not nationals of a Member State and who have the right of residence or permanent residence.

As highlighted in part two of Article 24, the only derogation from Paragraph 1 being that the host Member State (in this case the UK) is not obliged to confer entitlement to social assistance during the first three months of residence, and is not obliged to provide help to students who are not family members of a worker or self employed person.

Attached to the voters registration form was a copy of my UK issued EEA Family Permit - clearly outlining that I am a 'Family Member of an EEA National' - therefore making it clear that my right to vote stems not from UK law, but from EU law.

I write to you today raising a formal grievance at your departments refusal to grant me one of my basic rights in the apparantly equal and democratic society that I reside.

I note that you state that the current position of law makes it impossible for you to register myself to vote. However, this would clearly mean that the UK's laws contridict higher reaching law (EU Law: Directive 2004/38/EC).

I would expect that this situation is resolved within 14 days. I would expect a formal response to this complaint, along with registration on the electoral register. Should this not happen, I will proceed with my claim to court on the basis of unlawful discrimination.

Your's Truly




[Name]

Are there any amendments that you would suggest?... Anything to add...

I suspect that within 14 days nothing would of changed. What process do we take to process this onto court?

[alliekat1313]

Hey! Just wondering how this worked out. I'm in the same situation (I'm American) and have been arguing with the council on this point.

[chaoclive]

I'd be interested in hearing too, however, I think that the law is quite clear that non-EU/non-Commonwealth people are not able to vote.

Remember there is a distinction even between EU and UK citizens (with Irish citizens being an exception) in that only British (and Irish) people can vote in UK Parliamentary general elections.

I guess people are going to try to use: "(20) In accordance with the prohibition of discrimination on grounds of nationality, all Union citizens and their family members residing in a Member State on the basis of this Directive should enjoy, in that Member State, equal treatment with nationals in areas covered by the Treaty, subject to such specific provisions as are expressly provided for in the Treaty and secondary law."

However, is voting specifically 'provided for in the Treaty and secondary law'. I don't know enough about it to say.

http://www.europarl.org.uk/en/european_ ... _vote.html: "If you hold any other nationality you are not eligible to vote in this country, even if you are a UK taxpayer and a long-term resident."

[Stefan-TR]

If you are mainly concerned about a foreign national's credit score, you can follow the advice from http://www.moneysavingexpert.com/loans/ ... edit-score:

For those who aren't eligible to vote (mainly foreign nationals), send all the credit reference agencies proof of residency and ask them to add a note to verify this - you won't be able to vote, but this should help you get credit.

If you do this, the credit reference agencies will place a comment on the file. This excludes credit applications from computer processing and means a human has to read the comment and then make a decision on whether to grant or reject a credit application.

[Obie]

Your wife is not an EU citizen, or a common wealth citizen, she is therefore not allowed to vote in the EU elections.

The scope of the citizen directive does not cover the right to vote.