Surinder Singh Immigration route

Surinder Singh route

It is generally the case that European free movement law does not always benefit EEA nationals in their own country. For example, a British person in the UK usually cannot benefit from free movement law but if they move to Europe to work or live then they can, and they can then sponsor a non-EEA family member to join them.

But there is one important exception to this principle: the Surinder Singh route. The way that this route works for the notional British person is that if they go to another EEA country and exercise Treaty rights there, and they sponsor a non-EEA family member, they can in due course return to the UK and bring their family member with them. This principle is part of EU free movement law, as established by the court case of that name in the European Court of Justice. The family relationship can be for example a partner, child, grandchild, parent or grandparent.

But of course EU free movement is due to finish in the UK soon, and if you want to take advantage of this route you will have to act promptly. If you have lived in the EEA or Switzerland with your non-EEA partner before 1 January 2021 you may be able to apply, if you meet all the relevant criteria, but you must submit the application to the UKVI by 30 June 2021. 

It is important to understand that the British person’s presence in the EEA must have been substantial. Not only must they have been exercising Treaty rights (by working, studying or being financially self-sufficient), but their home in the EEA country in question must have been their “main” residence.

If you are interested in this route we at GSN will be able to advise you in more detail.

Author

Oliver Westmoreland

OISC Level 3 Immigration Lawyer