Good Bye to Surinder Singh Route 4ever

[paknet]

On 3 December 2013, the UK government adopted the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 (SI No 3032) which amend Regulation 9 of the Immigration (EEA) Regulations. The new rules take effect on 1 January 2014. The regulations affecting use of the Surinder Singh route by a British citizen seeking to be reunited with a non-EEA family member now read:

‘Paragraph 5 of the Schedule replaces the existing regulation 9 of the 2006 Regulations to require a British citizen to have “transferred the centre of his or her life” to another member State in order to acquire a right of residence in the UK for his or her non-EEA family member seeking a right to reside in the UK upon their return. Factors relevant to whether the centre of a person’s life has been transferred to another member State include the period of residence in that member State, the location of that person’s principal residence, and the degree of integration. These changes are to ensure that a British citizen engages in genuine and effective use of the rights conferred by Directive 2004/38/EC before a right to reside in the United Kingdom is conferred on a non-EEA family member.’

It is not yet fully clear what the implications of this change will be for British people seeking to use the route in order to be reunited with a non-EEA family member, but MRN will make available further analysis as and when it is available. In the meantime, an overview of the rule change can be found at the EU Rights Clinic website



http://www.migrantsrights.org.uk/news/2 ... ingh-route

[Amber]

See Amendment to EEA Regulation from 1/01/2014 Singh diluted (click).