Immigrationboards.com

You write stating that my wife, Mrs xxx must submit her biometric information for issue of a BRP following her successful appeal. We outline that Mrs xxxx submitted her Biometric data on 12th December 2013, in application for her EEA Family Permit. Section 6 of The Immigration (Biometric Registration) Regulations 2008 (Power for the Secretary of State to use and retain existing biometric information) enables you to use previously supplied biometric data to issue a BRP.



However, as the family member of an EEA National cannot be treated any less favourably than a British Citizen, when reading S.11 Use and retention of biometric information... surely this means that my wife's biometric data must now be destroyed... (if this is not the case, then PLEASE confirm this in writing, outlining the reasons for such.





Furthermore... I refer to your threatening letters dated 30/4/14 outlining possible sanctions which might be impossed upon my wife, and outline the following: - Section 3 - (Requirement to apply for a biometric immigration document) - My wife is not a person that is subject to immigration control. As you are most certainly aware (and hence the lack of appeal on your behalf to the sucessful Human Rights win), my wife is the family member of an EEA National by virtue of Regulation 9 of the Immigration (European Economic Area) Regulations 2006.




Should this point require further clarification, I suggest you take the time to review the CID notes. - I have actually already provided a copy of her EEA Family Permit to yourselves.



As you are expecting my wife to "apply" for a BRP, Perhaps you would be so kind as to outline which of the categories you suggest my wife falls under... Considering the application appeal was treated under Regulation 15A of the Immigration (European Economic Area) Regulations 2006 as the Parent of a British Citizen child.



I understand that Section 5 (Power for an authorised person to require a person to provide biometric information) may require an applicant to provide a record of their fingerprints and a photograph of their face... The problem being: My wife did not make an application for a BRP. She made an application for a Residence Card issued under the EEA Regulations.





Please either confirm that any biometric information held of my wife (a family member of an EEA National - that is not subject to Immigration Control) will be destroyed, or outline the specific reasons for retaining the information. You will see from your CID notes, that my wife is not a person subject to immigration control.

Universal soldier wrote:A status which have no limit or expiry date such as ILR make the person not subject to immigration control, do again google search

of course EU family members too not subject to immigration control but ILR comes from UK law also make holder without immigration control.

wiggsy wrote:
But EU law clearly states that beneficiaries should be treated the same as citizens.... thats the difference...

Universal soldier wrote:I will appreciate if someone bring to attention an official sourced guideline/manual other than empty assumptions which confirms that once a person becomes EU family member then all of his previously captured biometrics record is destroyed. Of course EU family is not subject to immigration control but where is that official source.

In relation to your query regarding UKVI's obligation under the Data Protection Act, UKVI has an obligation to maintain effective immigration control and thus will retain the details of persons who remain subject to immigration control. Once those persons cease to be subject to immigration control, they may apply under the Data Protection Act to have their details destroyed.