The Surinder Singh Route (The EU Immigration Route)

What is The Surinder Singh Route?

The Surinder Singh Route comes from EU Case law.  Beginning on 7th July 1992, in the case of Surinder Singh Case C-370/90.  In this case 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 direct 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).

Over time The Surinder Singh Immigration Route has evolved.  The EU Immigration Route has became clearer with each bit of case law handed down from the ECJ. The Surinder Singh Route is the term used to link all of the immigration legislation/case law surrounding the Free Movement and Family Reunification case law.

Legal Loophole to UK Immigration Rules?

Some people have called The Surinder Singh Route a “loophole” in the law.  However, let us make this clear: The Surinder Singh Route 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, judgements of the EU Court of Justice must be given effect in the UK.

The ECJ outlined in case C-109/01 that the reason for travelling to another member state cannot be taken into account, and that the only relevant factor upon return was whether the EU Citizen had actually genuinely exercised their treaty rights.

Where can I get more information on The Surinder Singh Route?

We intend for this website to be a resource for any individual that is directly effected by the Immigration Rules.  Should you need to exercise 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!

There is a very useful Surinder Singh For Newbies (Ireland Edition) available on the BritCits blog.

Colin Yeo is one of the UK’s highly respected Immigration Barristers and Editor of the Free Movement Blog.  He has created an eBook for The Surinder Singh Route.  Surinder Singh – EU Free Movement for British Citizens. Priced at just £9.99 (inc tax), the eBook offers a fantastic opportunity for those who don’t really understand EU Law.  Clearly explaining their rights without paying for costly, personalised immigration advice.

Writing about Colin’s Surinder Singh Route eBook in her Foreword, Sonel of BritCits:

Colin provides an insight into the legal rights accorded to us by the EU law. Equally valuably, he gives advice on keeping an eye on the big picture to successfully navigate the Surinder Singh route with minimal hassle, by sharing his experience of Home Office behaviour even where it may not be strictly in accordance with the law.

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.

The Surinder Singh Route on Social Media

Also, don’t forget to ‘Like’ The Surinder Singh Route‘s Facebook Page.  New website content will be posted on Facebook regularly.

 

8 thoughts on “The Surinder Singh Route (The EU Immigration Route)”

  1. Nice work, Wayne. Just a little housekeeping on some spelling errors that crop up: Equivalent, not Equivilant; exercise, not excersise; Exercising, not Excersising

    Cheers
    John

    P.S. I’m presuming this “comment” won’t be published – it’s only intended for your eyes!

    1. Cheers John :) – I’m working through the pages again, and have a fair bit of personal experience to add to the “Researched information”. I’ve set a couple of businesses up within two days of entry (PPSN on day 1, Business name / Tax reg on Day two [need to wait for your PPSN that you can get the next day]).

      Obviously, taking into my Website Hosting Service (Shameless Self Promo :D), I can help the little guys get online quickly. I also setup a new Photography business – Photographer in Dublin, which with my prices got a fair bit of interest – Ireland is Expensive for EVERYTHING.

  2. Excellent,A way without May.I am British my wife is Chines,we have been married for 3 years.One big question being what could be done for my 21 year old step son.would he have a problem getting a work visa for another european state.

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Your guidance resource to applying the 'Surinder Singh Route' to your case.