Surinder Singh route
The Surinder Singh route is a method for British citizens to secure UK immigration rights for their non-European spouses, who are unable to join their partners because of several changes in UK immigration law aimed at reducing net migration. Through EU Regulations on Free Movement of Peoples, it provides a window of opportunity to reunite UK citizens with their spouses in the increasing number of cases where the new rules on income and other additional measures mean that such spouses of UK citizens would otherwise be separated by the requirements of increasingly strict visa controls.
The Surinder Singh route involves living and working elsewhere in the European Economic Area for a period of three or more months (there is no actual time period required by EU law but instead it is based on previous case law and its application) and then asserting the rights associated with EEA citizenship and free movement to gain access to their own country while being covered by European law.[1]
In so doing, the Surinder Singh route triggers European rights of free movement that have otherwise been removed from UK citizens by UK legislation.
In principle, the Surinder Singh route applies to all EU citizens – not just UK citizens. For example, a French husband could bring his Mexican wife into France by exercising his treaty rights in Spain. It also applies to qualifying dependent family members as well as spouses.
The case law that established this precedent was the European Court of Justice ruling in the case of R v Immigration Appeal Tribunal and Surinder Singh ex parte Secretary of State for the Home Department, [1992] 3 CMLR 358 ECJ[2][3] There are several petitions circulating throughout the UK and to expats abroad that are asking people to fight this recent "government clarification" and a example is 'British people want equal rights to bring their family to the UK ' on government petition website.
See also
The Upper Tribunal of the Asylum and Immigration Tribunal, comprising Immigration Judges Mr Haddon-Cave, J, and Mr Kopieczek have ruled that the Surinder Singh principles apply to unmarried partners (and by analogy, other members of a British returning worker's "extended family")- Kamila Santos Campelo Cain v Secretary of State for the Home Department[4] (IA/40868/2013).
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ Lua error in package.lua at line 80: module 'strict' not found.
- ↑ http://uk-immigration-blog.com/2014/10/21/judges-thwart-uk-governments-attempts-to-make-british-second-class-citizens-surinder-singh-applied-to-extended-family/
http://www.migrantsrights.org.uk/news/2013/new-uk-rules-surinder-singh-route
External links
<templatestyles src="Asbox/styles.css"></templatestyles>
  |
This article relating to law in the United Kingdom, or its constituent jurisdictions, is a stub. You can help Wikipedia by expanding it. |
