On the 7th July 1992, in the case of Surinder Singh Case C-370/90, the ruling was passed that if an EU national works and lives in another member state, along with their spouse (or as the case may be other family member), then upon return to ‘his’ country of nationality, that country cannot refuse to grant entry, and a right of residence upon that persons spouse (or other family member as the case may be).
Some people have called this a “loophole” in the law. However, let us make this clear: THIS IS NOT A LOOPHOLE. This is a right that is bestowed upon any citizen of the EU/EEA. Under Section 3(2) of the European Communities Act 1972, judgments of the EU Court of Justice must be given effect in the UK.
We intend for this website to be a resource for any individual that is directly effected by the Immigration Rules. Should you need to excercise your treaty rights so as to allow you to maintain your family relationships, then hopefully the information you find on this website will be of benefit to you and your family.
If you know anybody that will benefit from the information on this website, then please: Share This Website!
For free and authoritative advice, contact “Your Europe Advice“. You should get an answer from a lawyer within 7 days. Should you have any problems with getting a visa for your non-EEA spouse, then please contact your local Solvit. I must make a special thank you to Christine (of the UK Solvit) who always appears to answer queries very quickly.
Also, don’t foget to like The Surinder Singh Route’s Facebook Page.