With Surinder Singh Route, you can live in the United Kingdom when you have a British partner or family member. Surinder Singh Route allows you to immigrate to the United Kingdom as a British national to get an European Union Settlement Scheme Family Permit. You can get this permit to live in the UK on the ground that you have been living in an EU or EEA country with a British citizen before December 31st, 2020.
To qualify for Surinder Singh Route, you need to meet certain eligibility criteria. Aside from meeting certain criteria, you will need to pay some fees and follow the necessary application procedures. Therefore, this article will guide you on how to apply and give you other necessary information you need to apply.
Meaning of Surinder Singh route
The Surinder Singh route is a a route where British citizens who have lived and exercised treaty rights in another EU country can return to the UK with their spouse, children, parents, and grandparents of the British citizen or spouse.
Moreover, the Surinder Singh route came into effect as a result of a European Union Court of Justice law. This European Union free movement law is to bring non-EEA family members back to the UK.
However, the Surinder Singh route helps to overcome the burdens created as a result of the tightening of UK immigration law in 2012. This introduced stringent requirements for non-EEA spouses and family members of British citizens who wish to return with their partner or family member to the UK.
Though, you are eligible to apply for residency in the UK through the Surinder Singh route. But that is, only if your British national partner or family member exercised their EU Treaty Rights to reside in an EU member state.
Eligibility Criteria to apply for the Surinder Singh route
You can be eligible to return to the United Kingdom through Surinder Singh Route if you meet the following criteria:
- If your partner or family member is a British citizen.
- When your partner or family member have exercised their EU Treaty Rights to reside in an EU member state
- If your partner or family member have established or strengthened a relationship with you while in this member state
However, the rules and regulations surrounding the Surinder Singh route are complex and can change anytime. It can change especially now that the UK has left the European Union.
Furthermore, British citizens commonly exercise their EU Treaty Rights in Ireland. Though this is if you and your British national partner or family member are currently residing together in the State.
Requirements for using the Surinder Singh route
If you are eligible to apply for Surinder Singh route, you can then bring some requirements. These requirements will make you to collect UK residence card. So, the requirements are:
- When the British national exercise their EU Treaty rights as a worker, self-employed person, financially self-sufficient person, or student in an EEA member state immediately before returning to the UK.
- The non-EEA family member and British citizen resided together. That is have a genuine residence in the EEA member state. State where the British citizen was exercising their EU freedom of movement.
- The purpose of residence in the EEA member state was genuine. Not as a means to evade or bypass any UK immigration law applying to non-EEA nationals.
- The family member of the British citizen was a family member either throughout all or part of their joint residence in the EEA member state.
- There was a genuine family life or strength during this joint residence in the EEA member state.
Who is a family member of a British citizen under the Surinder Singh route?
A family member here can be a direct or an extended family member. Moreover, you must be a family member to go through this route. Therefore, we can call the following people a family members for this route. First, direct family members.
Direct family members
A direct family member of a British citizen under the Surinder Singh route includes:
- The spouse or civil partner of a British citizen
- The direct descendants (either aged under 21 or over 21 and dependent) of the British citizen
- Dependent direct relatives of the British citizen or their spouse/civil partner
Extended family members
The rules surrounding extended family members are much more complex. This can include somebody who is in a:
- durable relationship with the British citizen or
- a dependent relative, or a member of their household.
Moreover, this can create a substantial burden on the extended family member. This is because they must provide evidence that they are either a relative or member of the same household as the British citizen.
Though, the Home Office requires two years cohabitation evidence from any individual in a ‘durable relationship’ with a UK citizen. This must bring before using this route to to return to the United Kingdom.
Impact of Brexit to the Surinder Singh route
Since the UK is now undergoing its transition period after leaving the European Union, there is a limited amount of time for the family members of UK citizens to qualify and apply for residency in the UK under the Surinder Singh route.
Therefore, non-EEA family members of qualifying British citizens who have resided together in an EEA country (such as Ireland) may apply under this Route. Though, that is if they were already part of the qualifying British citizen’s family before the specified date.
Hence, to be eligible to apply, the partners or dependent relatives must demonstrate that their relationship continued to the date of the application.
In addition, before you qualify for this route, the relationship you not only form the relationship. Rather, the relationship would also be durable before 31st December 2020.
Note: the UKVI typically requires two years of cohabitation to consider a relationship ‘durable’. Also another change to the Surinder Singh scheme is the application process. The gov.uk website outlines that those who wish to apply to reside with their British national family member in the UK under this scheme must call the EU Settlement Resolution Center. before doing so.
Frequently Asked Questions
How long does it take for the Surinder Singh route?
Is it legal? The Surinder Singh route is transposed in Regulation 9 of the EEA Immigration Regulations 2006. Your spouse’s visa is usually issued within 4 weeks.
Why is it called the Surinder Singh route?
The Surinder Singh route is named after an immigration case involving Mr. Surinder Singh. He claimed he had a right to remain in the UK and this was disputed by the Home Office.
Is the Surinder Singh route still open after Brexit?
The Surinder Singh route continued after Brexit, allowing Brits exercising treaty rights abroad by 31 December 2020 to return to the UK with their family members using EU law
Can I bring my EU family to the UK after Brexit?
If you’re a family member of someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein. You can apply for the permit if your family member started living in the UK
What is the Surinder Singh principle?
Essentially, the principle established by the Surinder Singh case is that the right in European Union law for a person to move from one EU member state to another must include a right to return, otherwise, a person would be deterred from moving in the first place
What is EUSS family permit?
The EU Settlement Scheme Family Permit is available to non-EEA citizens who wish to travel to and enter the UK to join or accompany a close family member who is a relevant EEA citizen.
What is Surinder Singh’s route to Ireland?
The Surinder Singh route helps to overcome the burdens created as a result of the tightening of UK immigration law in 2012, which introduced stringent requirements for non-EEA spouses and family members of British citizens who wish to return with their partner/family member to the UK.
Who can stay in the UK after Brexit?
If you have lived in the UK for more than 5 years, you can apply to the British government for settled status. This gives people the right to live and work in the UK. It also gives you the right to accrue a state pension and to access public services.
Why is it called the Surinder Singh route?
The Surinder Singh route is named after an immigration case involving Mr. Surrinder Singh. He claimed he had a right to remain in the UK and this was disputed by the Home Office.
Who is the Surinder Singh route?
What is the Surinder Singh route? The UK’s “Surinder Singh” immigration route allows a foreign national to acquire an EU Settlement Scheme family permit on the basis that they were living in an EU or EEA country with a British citizen before 31st December 2020 and now wish to live in the UK.
How long does the Surinder Singh application take?
The Surinder Singh route has other advantages over directly applying for a UK Visa. EU countries usually process these applications within a few months compared to the UK processing time, which can take up to 8 months and is liable to be refused.
We believe that with this information, you now understood how to become a resident in the United Kingdom via Surinder Singh Route. Thanks for reading!