Surinder Singh for Extended Family Members

Read more of this request here: Surinder Singh for Extended Family Members

International and Immigration
0207 035 4848
Policy Group
(switchboard)
Home Office
www.homeoffice.gov.uk
2 Marsham Street
London
SW1P 4DF
Sarah Goode
By email : request-196403-
[email address]

4 March 2014
Dear Sarah,

FOI Request 30645

Thank you for your email of 07 February, in which you ask for the following information:

“Can you please provide myself with information that you hold on assessing Surinder Singh Route
applications from unmarried partners, or any other extended family member that may live as part of my
household such as my 14 year old brother who I have played a role of mother to for the past six years.”

Your request has been handled as a request for information under the Freedom of Information Act
2000.

The provisions set out in regulation 9 of the Immigration (European Economic Area) Regulations 2006
(as amended), which gives effect to the determination of the Court of Justice of the European Union in
the case of C-370/90 (Surinder Singh) apply only to family members of British citizens.

The relevant definition of „family member‟ is that set out in regulation 7, which is as follows:

(a) his spouse or his civil partner;
(b) direct descendants of his, his spouse or his civil partner who are —
(i)
under 21; or
(ii)
dependants of his, his spouse or his civil partner;
(c)
dependent direct relatives in his ascending line or that of his spouse or his civil
partner;
(d)
a person who is to be treated as the family member of that other person under
paragraph (3).

Persons who do not fal within the definition of „family member‟ as set out above are therefore outside
of the scope of regulation 9 and cannot rely on this provision for a right of residence in the UK.

As this provision is not available to persons who fal within the definition of „extended family members‟
as set out in regulation 8, the Home Office does not hold any information relating to assessing
applications from such persons.


If you are dissatisfied with this response you may request an independent internal review of our
handling of your request by submitting a complaint within two months to the address below, quoting
reference 30645. If you ask for an internal review, it would be helpful if you could say why you are
dissatisfied with the response.

Information Access Team
Home Office
Ground Floor, Seacole Building
2 Marsham Street
London SW1P 4DF
e-mail: [email address]

As part of any internal review the Department’s handling of your information request will be reassessed
by staff who were not involved in providing you with this response. If you remain dissatisfied after this
internal review, you would have a right of complaint to the Information Commissioner as established by
section 50 of the Freedom of Information Act.

Yours sincerely

R Murphy
European Operational Policy Team
Home Office