What is the UK Immigration Loophole?
There is a common reference to the Surinder Singh Route being a UK Immigration Loophole. The Surinder Singh Route is not a UK Immigration Loophole. Many news reports – such as on the BBC, and other major news networks often refer to the Surinder Singh Route as being a UK Immigration Loophole.
Why isn’t The Surinder Singh Route a UK Immigration Loophole?
The Surinder Singh Route, whilst often referred to as a UK Immigration Loophole, is a perfectly legal and lawful method to secure residence in the UK. The so called loophole is used by multi cultural and multi national families. People who often use the word loophole whilst referring to the Surinder Singh Route often do not understand the legal implications and complexities of the case law surrounding the UK and EU Immigration Rules. There has been a lot of case law (court cases and judgements) relating to free movement. This includes Surinder Singh and the so called UK Immigration Loophole.
If this isn’t a loophole: what is it?
The Surinder Singh Route is a totally independent method of immigration rules for entry into the UK, or one of the other member states of the EU. It allows families to remain unified after exercising free movement rights in another EU member state.
For simplicity, place yourselves in this situation:
You’ve moved to another country (within the European Union / EEA), and met an individual that you have decided to spend your life with. You get married and live together ETC. Circumstances change, and you need to return to the country of your nationality (IE: The UK).
Now, imagine this: The UK has some crazy immigration rule, that requires you to earn a random figure… say £18600. What if you don’t earn this? Is that goodbye to your marriage? What if your kid is non-EU? Well, obviously, human rights guarantee that you have the right to a family life. EU law, grants you the right to return to your country of nationality.
If you were to be prevented from returning to your home country with your family, this would prevent you enacting your rights.
This is where the Surinder Singh Route comes into play. The Surinder Singh Route allows your family to remain together.