Tag Archives: legislation

The UK Changes The Rules on Surinder Singh

On 3 December 2013, the UK government adopted the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 (SI No 3032) which amend Regulation 9 of the Immigration (EEA) Regulations. The new rules take effect on 1 January 2014.

From that date, it will now be a new requirement for those using the Surinder Singh route that the “the centre of [the British citizen]’s life has transferred to the EEA State where [the British citizen] resided as a worker or self-employed person.”

You can view more of A. Valcke’s post here: EU Rights Clinic: Surinder Singh Rules Changed.

I think that the post above sums up fantastically what the requirements should mean. Many of the new possible requirements already being completed. Here are some simple tips (and that is obviously all they are) to keep you on the right side…

  • Don’t leave kids behind, and make sure you sort out their education in the host member state
  • Transfer your car over to the new host member state, as well as your driving license.
  • Replace your EHIC with the local EHIC.
  • Don’t keep a rented accomodation in the UK, unless of course its necessary.
  • REMEMBER TO FOLLOW ALL RESIDENCE REQUIREMENTS OF THE HOST STATE.

It’s very wise to remember the case of Mrs Carpenter Case C-60/00. Her British Spouse (Mr Carpenter) never actually lived in an EU state, but still his simple provision of services to the EU was sufficient to bestow upon Mrs Carpenter a right of residence from the EU treaties.

It is also highlighted by the Home Office in their Freedom of Information response regarding the Effect of Case C-60/00 (Carpenter) on an EEA2 application to myself the following:

The Carpenter case simply highlights the fact that Member States cannot take action against the family members of EU nationals which would breach their rights under Article 8 of the ECHR. While the context of the case related to the exercise of the freedom to provide services, the determining factor in the case was the disproportionate effect of the proposed deportation of Mr Carpenter‟s wife.

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013

The Home Office have released some New EEA regs so as to attempt to curtail The Surinder Singh Route by asking whether the ‘centre of life’ of the EEA National (British Citizen) has relocated to the host member state.

The new amended regulations can be found online:
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 .

You can read more about this amendment on the following document: EXPLANATORY MEMORANDUM TO THE IMMIGRATION (EUROPEAN ECONOMIC AREA) (AMENDMENT) (No. 2) REGULATIONS 2013.

Regardless of what happens with this amendment to legislation, it is wise to remember: Both The Directive and previous Case Law have not been changed. Only the UK’s interpretation of this. This amendment comes following the release of the clarification from the EC in 2009 (yes, in 2009, it has taken over four years to enact changes… perhaps this is due to a rather recent BBC broadcast).

Need any clarifications about this new instrument? As outlined in the above legislation explaination memorandum:

13.1 Deborah Morrison, European Union Free Movement Policy Team, Home
Office, Tel: 0207 035 0655 or email: [email protected] can
answer any queries regarding the instrument.