Which Family Member’s can Benefit?
The Surinder Singh Route is available to direct family members of an EEA national. These family members are outlined in Article 2 of Directive 2004/38/EC.
Direct Family Members
Direct Family Members include:
Children of the EEA National &
Children of the EEA National’s Spouse – Who are either:
Over 21 and Dependant on their parents
Dependant Parents/Grand parents of either the EEA National
Dependant Parents/Grand parents of either the EEA National’s spouse
OK. So what about ‘Extended Family Members’?
Obviously there is still the possibility that this position could be expanded by the ECJ to include extended family members. This is not currently the case.
UPDATE: In case C-456/12 it appears clear that Extended Family Members will not directly benefit from The Surinder Singh Route. However, as outlined in Case 109/01 – the human rights of the persons involved must be taken into consideration. This principle was upheld in the UK Courts in the case of Cain v SSHD (IA/40868/2013). However, please be aware that The Home Office does not feel that the ruling of this case binds them to anything:
we are aware of the Cain v SSHD IA/40868/2013 judgment. This judgment is, however, limited to the facts of a particular case and any conclusions are not binding on the Home Office with respect to its wider policy. It does not, therefore, impact on any guidance we hold and we have not considered making any amendments as a result.
The position of the Courts is that if a person applies under EU Law for confirmation of rights stemming from EU Law, then the person’s human rights must be assessed. If the human rights of the applicant (or EU citizen) would be breached, then The Home Office should (but don’t) issue leave outside of the rules (discretionary leave to remain).