EEA Premium service

[imraniqbal2010]

Any update on EEA route Premium service?
That when they gonna launch.

[Plum70]

Keep checking the UKBA website. If any news materialises, it should be on there.

[John]

when they gonna launch.

I suspect never! My reasoning is that the EU Directive is quite clear, EEA applications are to be free, so suspect that they are getting legal advice that it is not possible to charge, even for a Premium Service.

But we wait and see what happens.

[Qman]

That's what I thought, but they seem to have a way round it. But right now they can't justify the backlog of pending applications so they probably need to clear that/offer the unduly delayed ones same day service for free.

Here's their rationale behind the how they'll get round the EU regs. (page 19)

[John]

I am aware their argument is :-

This fee follows the Free Movement Directive and is not set towards the cost of the document, but the actual appointment on the basis of the additional cost to process applications at the Public Enquiry Office

-: but I suspect they now realise the argument does not hold up from the legal point of view.

If the fee is introduced I look forward to someone paying the fee, and after the document is issued, asking for their money back, and commencing legal action if need be.

[seputus]

I am aware their argument is :-

This fee follows the Free Movement Directive and is not set towards the cost of the document, but the actual appointment on the basis of the additional cost to process applications at the Public Enquiry Office

-: but I suspect they now realise the argument does not hold up from the legal point of view.

If the fee is introduced I look forward to someone paying the fee, and after the document is issued, asking for their money back, and commencing legal action if need be.

But I thought the EU regulations do allow them to charge anyway (a reasonable fee), and besides - doesn't Austria do that already??

" 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"

[86ti]

From the link above

From June this year the service will be available to those EEA nationals applying under EEA 2, 3 and 4. There will be provisions for EEA1 applications to be dealt with free of charge but only if submitted with an associated EEA 2 or 4 charged application. The fee of £300 is payable for each application and a fee of £300 is payable for each dependant.

This fee follows the Free Movement Directive and is not set towards the cost of the document, but the actual appointment on the basis of the additional cost to process applications at the Public Enquiry Office. The service will be introduced on a limited basis and by appointment only. An EEA or Swiss National applying for a registration certificate (EEA1) in their own right may continue to do so free of charge and by appointment through Croydon Public Enquiry Office only.

The bold text is their actual argument because Article 25(2) only mentions charges for documents. The UKBA would be in trouble there because there are no similar documents for UK nationals.

The UKBA would also need to explain why charges apply in some case but not in others. I also wonder how they arrived at £300 but maybe that is because they need to limit the service...

[vinny]

Please continue in existing thread.