The Surinder Singh route allows UK nationals to bring their non-European Economic Area (EEA) family members to the United Kingdom by exercising their EU free movement rights in another EEA country before returning to the UK. This pathway is named after the 1992 Surinder Singh case, which established that UK citizens should be able to benefit from EU laws regarding family reunification when returning to the UK. Although Brexit has impacted this route, it remains available under specific circumstances. This guide covers eligibility requirements, the application process, and recent changes affecting the Surinder Singh route.
1. What Is the Surinder Singh Route?
The Surinder Singh route was established as a legal pathway for UK nationals to bring their non-EEA family members to the UK by utilizing EU free movement rights. The idea is that if a UK citizen lived in another EEA country with their family member, they could then return to the UK and bring their family member with them, bypassing certain restrictive UK immigration requirements.
2. Key Requirements for the Surinder Singh Route
To qualify under the Surinder Singh route, both the UK citizen and their non-EEA family member must meet specific criteria:
- Residence in an EEA Country: The UK national and their family member must have lived together in an EEA country (other than the UK) before returning.
- Genuine Residence: The residence abroad should be genuine and not solely for the purpose of creating a Surinder Singh route application. There must be proof that the UK national integrated into the host country’s lifestyle, such as employment, property rental, or utility bills.
- Family Relationship: The applicant must be the spouse, civil partner, or dependent family member (such as children or parents) of the UK national.
- Proof of Relationship and Residence: Documentation showing the relationship and shared residence abroad, including marriage certificates, birth certificates, rental agreements, and evidence of daily life together.
These requirements help demonstrate that the relationship is genuine and that the UK national exercised their treaty rights in another EEA country.
3. Impact of Brexit on the Surinder Singh Route
Since Brexit, the Surinder Singh route has been affected as the UK is no longer part of the EU. However, the UK government has implemented provisions to allow certain Surinder Singh route applications to continue under the EU Settlement Scheme (EUSS):
- Deadline for EU Settlement Scheme Applications: Family members of UK nationals who returned to the UK on or before December 31, 2020, could apply under the EUSS, with a deadline of June 30, 2021. This allowed them to secure residence status under the same conditions as EU nationals.
- Current Status: Post-Brexit, new applications through the Surinder Singh route are no longer permitted. However, family members who were already in the UK under the Surinder Singh route before the deadlines may still be eligible to apply for settled or pre-settled status under the EUSS, if they haven’t already done so.
The route is now essentially closed for new applicants, but family members who previously qualified may still have options for status updates under the EUSS.
4. Eligibility Under the EU Settlement Scheme (EUSS)
Family members who came to the UK under the Surinder Singh route before December 31, 2020, may still be eligible to apply for settled or pre-settled status under the EU Settlement Scheme. Requirements include:
- Residence by Cutoff Date: The applicant must have been living in the UK by December 31, 2020, alongside the UK national who exercised treaty rights in an EEA country.
- Supporting Documents: Applicants must show evidence of the relationship, shared residence abroad, and proof of the UK national’s exercise of free movement rights in the EEA country.
For those who missed the application deadlines, options are limited, but they may still qualify under certain exceptional circumstances.
5. Required Documents for Surinder Singh Route Applications
Applicants should provide a range of documents to support their application:
- Proof of EEA Residence: Documents showing that the UK national resided in an EEA country, such as tenancy agreements, utility bills, and employment records.
- Proof of Relationship: Marriage certificates, civil partnership certificates, or birth certificates.
- Proof of Shared Life Abroad: Evidence that the UK national genuinely integrated into the host EEA country, such as proof of employment, enrollment in healthcare, or participation in local community activities.
- Entry and Exit Records: Travel records to show the dates of entry and exit from the EEA country and the UK.
Providing a clear record of residence and relationship history helps confirm the applicant’s eligibility under the Surinder Singh route.
6. Application Process for Settled or Pre-Settled Status Under Surinder Singh
If eligible under the EU Settlement Scheme, applicants can apply online through the EUSS application portal. The application process includes:
- Create an Online Account: Access the EUSS portal, create an account, and begin the application process.
- Upload Supporting Documents: Submit digital copies of required documents, such as proof of residence, identity documents, and relationship evidence.
- Complete Biometric Verification: Some applicants may be required to submit biometrics, such as fingerprints and a photograph, at a visa application center.
- Receive Decision: Once processed, applicants will receive a decision on pre-settled or settled status, based on their eligibility and length of residence.
For applicants with pre-settled status, they can apply for settled status after completing five years of continuous residence in the UK.
7. Alternative Options Post-Brexit
With the Surinder Singh route largely closed, UK nationals who wish to bring their non-EEA family members to the UK may need to consider alternative immigration options, including:
- UK Spouse or Partner Visa: Allows non-EEA family members to join their UK citizen spouse or partner in the UK. This visa has its own financial and accommodation requirements.
- Family Visa: For children, parents, or adult dependents of UK nationals, with specific eligibility requirements.
- Points-Based System Visa: Non-EEA nationals can also apply for work, skilled worker, or study visas if they meet the criteria under the UK’s points-based immigration system.
These alternative pathways involve different requirements, fees, and processing times, so applicants should carefully consider their options.
8. Frequently Asked Questions (FAQs)
1. Is the Surinder Singh route still available?
No, the Surinder Singh route is largely closed post-Brexit. However, those who were already residing in the UK by December 31, 2020, may still apply for settled status under the EU Settlement Scheme.
2. Can I apply for the Surinder Singh route if I move to an EEA country now?
No, this route is not available to UK nationals who move to an EEA country after Brexit. Alternative family visa options must be considered instead.
3. How long do I need to live in an EEA country to qualify for the Surinder Singh route?
Residence must be genuine and demonstrate integration. Typically, a period of at least six months or more is required, along with proof of daily life in the EEA country.
4. Can I bring my children under the Surinder Singh route?
Yes, if you were eligible under the scheme before the cutoff date, children and other dependent family members can be included in the application.
5. Can I still apply under the EU Settlement Scheme if I missed the June 2021 deadline?
In certain exceptional circumstances, you may be allowed to apply late under the EUSS. However, you will need to provide a strong justification.
6. Is it possible to apply for UK citizenship through the Surinder Singh route?
Yes, after obtaining settled status and meeting the residency requirement, you may be eligible to apply for UK citizenship.