The first stage of the ECR is to conduct a data-based review to identify qualifying EU citizens and EU citizens with retained rights on your register.1
EROs may hold or have access to a range of data for the purpose of their registration duties and the legislation is not prescriptive about what data can be used for this purpose. However, it is expected that the nationality data held on the EMS should be sufficient for you to establish if an elector is a citizen of the EU5 or EU19.
Citizens of EU5 countries are eligible to remain registered as qualifying EU citizens. It would not be appropriate to conduct a correspondence-based review where you hold EU5 nationality data for an elector as you will have already previously made a determination of their eligibility to be registered. These electors should be sent a confirmation of maintained registration – data based.
If another reason gives you cause to doubt whether the elector meets the nationality criteria, an alternative review method should be used. More information on review methods can be found in our guidance.
If your EMS holds sufficient registration history to identify if an EU19 citizen was registered prior to the implementation period commencement date (IPCD), you are able to determine them as eligible to remain registered as an EU citizen with retained rights and must then send them a confirmation of maintained registration – data based.2
Where a citizen is registered with a nationality of a member of the EU19 they will not have previously been asked for the information about their historical residency as part of their original application and as such you must review these electors using the correspondence-based review if:3
you are not able to determine if someone is eligible to remain registered, because you are not able to access their registration history
your records show that they registered after IPCD and you cannot access any other data to determine an earlier and continuous point of registration