Surinder Singh Route

If your partner/family member is a British citizen who has exercised their EU Treaty Rights to reside in an EU member state – and has, during this time, established or strengthened a relationship with you while in this member state – you may be eligible to return to the UK with them via the Surinder Singh route.

This particularly helps those who do not meet the standard requirements outlined within UK immigration law, which holds, for example, that the non-EEA spouse of a British national must meet a minimum income requirement before being eligible to reside in the UK with them.

However, the rules and regulations surrounding the Surinder Singh route are both complex and subject to change, particularly now that the UK has left the European Union.

British citizens commonly exercise their EU Treaty Rights in Ireland – if you and your British national partner/family member are currently residing together in the State, contact IAS’ immigration consultants in Ireland to get settled status and find out if you are eligible to return to the UK with them.

In both 2016 and 2018, the UK government updated its regulations regarding the Surinder Singh route for UK citizens exercising their EU Treaty Rights.

If the following conditions are met, the non-EEA family member of a British citizen ought to be issued a residence card (and will therefore qualify under the Surinder Singh route):

• The British national exercised their EU Treaty rights as a worker, self-employed person, financially self-sufficient person or student in an EEA member state immediately prior to returning to the UK
• The non-EEA family member and British citizen resided together (‘genuine residence’) in this EEA member state (whereby the British citizen was exercising their EU freedom of movement)
• The purpose of residence in the EEA member state was 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
• Genuine family life was created or strengthened during this joint residence in the EEA member state

To be considered eligible for the Surinder Singh route as the family member of a British citizen exercising their EU Treaty Rights in an EEA member state, you must be either a direct family member or extended family member.

A direct family member of a British citizen under the Surinder Singh route includes:

• The spouse/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

The rules surrounding extended family members are much more complex, as this can include somebody who is in a ‘durable family relationship,’ with the British citizen or a relative who is dependent or a member of their household.

This can create substantial burden on the extended family member who must provide evidence that they are either a relative of/member of the same household as the British citizen.

Generally, the same Home Office guidance requires any individual in a ‘durable relationship’ with a UK citizen who is using the Surinder Singh route to reside in the UK with them to provide evidence of at least two years’ cohabitation with the UK citizen.

Since the UK is now not a part of the European Union, the family members of UK citizens to qualify and apply for residency in the UK under the Surinder Singh route has now passed.

Non-EEA family members of qualifying British citizens who have resided together in an EEA country (such as Ireland) may apply under the Surinder Singh route if they were already part of the qualifying British citizen’s family before the specified date.

This date – when the transition period of Britain’s exit from the EU officially ended – was 31st December 2020.

To be eligible to apply for the Surinder Singh route, partners/dependant relatives must demonstrate that their relationship continued to the date of the application.

Additionally, to qualify, the relationship must not only have been formed but also durable before the specified date (31st December 2020).

The UKVI typically requires a period of two years cohabitation to consider a relationship ‘durable’.

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 Centre.

If you and your British family member are currently residing in Ireland and wish to discuss your eligibility with a qualified, experienced immigration consultant in Ireland, call IAS on (+353) 061 518 025.

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.

Non-EEA family members of qualifying British citizens who have resided together in an EEA country (such as Ireland) may apply under the Surinder Singh route if they were already part of the qualifying British citizen’s family before the specified date.

This date – when the transition period of Britain’s exit from the EU officially ends – is 31st December 2020.

To be eligible to apply for the Surinder Singh route, partners/dependant relatives must demonstrate that their relationship continued to the date of the application.

Additionally, to qualify, the relationship must not only have been formed but also durable before the specified date (31st December 2020).

The UKVI typically requires a period of two years cohabitation to consider a relationship ‘durable’.

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 Centre.

If you and your British family member are currently residing in Ireland and wish to discuss your eligibility with a qualified, experienced immigration consultant in Ireland, call IAS on (+353) 061 518 025.