1

Surinder Singh route applies to Core family members of EU citizens (and I believe this includes dependent parents too?).

But does the Surinder Singh route apply to Extended family members?

2 Answers 2

2

Yes, subject to one additional condition that does not apply to immediate family members.

The core element of the Surinder Singh route is to establish whether a British citizen must be treated as an EEA national for the purpose of free movement law in the United Kingdom. Once that is established, all of the free movement provisions apply, both for family members and extended family members of the British citizen.

This arises from regulation 9 of the Immigration (European Economic Area) Regulations 2016, as amended, which gives effect to the Surinder Singh ruling:

Family members and extended family members of British citizens

9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member (“F”) of a British citizen (“BC”) as though the BC were an EEA national.

(1A) These Regulations apply to a person who is the extended family member (“EFM”) of a BC as though the BC were an EEA national if—

(a) the conditions in paragraph (2) are satisfied; and
(b) the EFM was lawfully resident in the EEA State referred to in paragraph (2)(a)(i).

8
  • (1) Are you 100% sure? (2) This is true for all EU countries and not just the UK right?
    – Jay Shah
    Commented Aug 19, 2020 at 15:35
  • 2
    @JayShah I just read your other question about extended family members, so I would note that successfully invoking the Surinder Singh route does not change the fact that extended family members have far weaker rights than immediate family members. As to other countries, the principle should be applicable to all of them, but the name "Surinder Singh" is likely to be found only in the UK, since that case concerned the UK.
    – phoog
    Commented Aug 19, 2020 at 15:40
  • 1
    @JayShah I just added a quotation from the relevant regulation. If you're interested in some country other than the UK, you might want to edit the question or ask a new one. You might also consider Expatriates, which has a good deal of material on this, and Travel, where Surinder Singh also comes up (occasionally) because it can be relevant to short-term trips as well as to immigration.
    – phoog
    Commented Aug 19, 2020 at 15:52
  • Thanks. Can you answer that one too please?
    – Jay Shah
    Commented Aug 19, 2020 at 15:55
  • 1
    @JayShah I can't answer the other question because I don't understand it fully, and because it would in practice depend on the country in question. It's very difficult to talk so generally because the person making the generalization might over- or under-generalize, as might the person answering the question. If you have a specific set of circumstances in mind, you will get more useful answers if you state these circumstances in your questions. Yes, Surinder Singh applies to extended family members in general, but it might not apply to you, or the family members might not qualify as EFMs.
    – phoog
    Commented Aug 19, 2020 at 16:05
0

EU citizens have the right to free movement Including bringing nonEU family members to any other EU country, but not their own. Some countries don’t allow free movement to that country itself at all. Some just allow it. And some allow the “Surinder Singh” Route which allows free movement from another EU country to their own.

If general EU rules don’t apply to a more distant family member, then Surinder Singh is unlikely to apply, but it depends on the rules of your own country. It also only applies when you are moving yourself.

1
  • 2
    "some allow the 'Surinder Singh' route': as far as I am aware, they all have to allow it, because the court declared that failing to do so was an impermissible burden on free movement.
    – phoog
    Commented Aug 19, 2020 at 15:33

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .