The Surinder Singh route has long offered hope to married couples who cannot meet the draconian UK Spousal Visa requirements. It has also caused no end of frustration to the Home Office, who have tried to make it more difficult for those settled in the UK to bring over spouses from abroad.

On 27th October 2017, the Government released new guidance on the decision-making steps caseworkers need to consider when processing Surinder Singh applications. As one of the best immigration lawyers in London, we have examined these carefully.

We shall go through the details of the new guidance in due course, but first, it is useful to reiterate what the Surinder Singh route is and how it works.

The basics of the Surinder Singh route

Non-EEA spouses may be able to apply for an EEA family permit if they have lived in another EEA country with an eligible family member who’s a British citizen.

Here is how it works:

The British citizen must be exercising their Treaty rights (either as an employed, self-employed or economically self-sufficient person or a student), before returning to the UK. Their non-EEA spouse must have lived with them in the EEA state, and they must have been married prior to returning to the UK.

Caseworkers are obliged to follow a six-stage decision-making procedure when considering a Surinder Singh application. These stages are:

It is crucial that you engage an experienced immigration solicitor to provide you with the best advice on how to construct your application so that you can navigate through these stages successfully.

The centre of life test

The minimum period for living in the EEA state is three months. However, to meet the requirements set out by the UK Home Office, it is likely you need to have lived abroad for longer. This is because you need to show the “centre of your life” was transferred to the other EEA state.

According to Home Office guidance, when considering the degree of integration in the EEA host country, an immigration official will consider:

i. have they bought property there?

ii. do they speak the language?

iii. are they involved with the local community?

iv. do they own a vehicle that is taxed and insured there?

v. have they registered with the local health service, a general practitioner (GP), a dentist?

The more of these factors that are present, the more likely the Home Office is to decide that the centre of your life was indeed transferred to the host member state.

Changes to the Home Office guidance

The government has released new guidance on EU free movement rights for the family members of British citizens. It is specifically determined to outline how caseworkers consider applications of a family member of a British citizen, in line with the immigration (European Economic Area) Regulations 2016. There are three main changes to the most recent version of the guidance.

The changes include:

The effect of Brexit on the Surinder Singh route

If you are a British citizen and you wish to enter the UK under the Surinder Singh route, you need to act fast. Once Britain officially leaves the EU, it is likely the Surinder Singh route will be cut off.

This means that those wanting to bring a non-EEA spouse to the UK will have to apply for a UK spouse visa. The criteria for this are reasonably high and include:

you must be legally married (marriages such as traditional tribal marriages may not suffice)

In addition to this, you will have to pay the Healthcare Surcharge up-front.

If you require further information about obtaining entry into the UK via the Surinder Singh route, contact our London immigration Solicitors immediately. We can advise you on whether you are eligible and if you are not, the steps you need to take to fulfil the eligibility criteria. We can also assist you if your application has been refused by the Home Office.

OTS Solicitors is one of the most respected immigration law firms in London and is ranked highly in the Legal 500 for immigration and human rights.

By making an appointment with one of our immigration Solicitors, you can be assured of receiving some of the best legal advice available in the UK today.

If you wish to discuss any of the points raised in this blog, please phone our London office on 0207 936 9960.