Who can benefit from Surinder Singh

The Surinder Singh Route is available to direct family members of an EEA national.   These family members are outlined in Article Two of Directive 2004/38/EC.

This includes:

  • Spouses

  • Children of either the EEA National or their spouse Who are either under 21 or Over 21 and Dependant on their parents

  • Dependant Parents/Grand parents of either the EEA National or their spouse

 

Obviously there is still the possibility that this position could be expanded by the ECJ to include extended family members but this is not currently the case.

UPDATE: In case C-456/12 it appears clear that Extended Family Members will not benefit from Surinder Singh.

 

3 thoughts on “Who can benefit from Surinder Singh”

    1. Only core family members can benefit from the Surinder Singh Route. This has been reitterated many times in Freedom of Information responses from The Home Office many times.

      Article 2 of Directive 2004/38/EC (the Citizen’s Directive) outlines Direct family members as:

      2) “Family member” means:
      (a) the spouse;
      (b) the partner with whom the Union citizen has contracted a registered partnership, on the
      basis of the legislation of a Member State, if the legislation of the host Member State
      treats registered partnerships as equivalent to marriage and in accordance with the
      conditions laid down in the relevant legislation of the host Member State;
      (c) the direct descendants who are under the age of 21 or are dependants and those of the
      spouse or partner as defined in point (b);
      (d) the dependent direct relatives in the ascending line and those of the spouse or partner as
      defined in point (b);

      So in short: A child of either the EU citizen or the EU citizen’s partner can benefit if they are either:
      Under 21 years of age; OR Over 21 and DEPENDANT on the EU/EU’s Partner;

      Chiara Berneri on the EU Law Analysis website outlines well a case issued in Jan ’14 from the ECJ Reyes v Sweden [2014] EUECJ C-423/12 in his post entitled When is the family member of an EU citizen ‘dependent’ on that citizen?. The same case is also posted by Colin Yeo on FreeMovement: CJEU: Dependency is a question of fact.

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