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.
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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.
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