Surinder Singh route to be closed soon? Or is this hearsay..

[st pauli]

I read someone else on this board (family section) post that this route will not exist after October 16th 2012, they appeared to know what they were talking about but at the same time are literally the only person I've heard say this....it would surely have caused bigger ripples if this was the case?

Can anyone reassure/clarify...?

[EUsmileWEallsmile]

Don't believe everything you read.

[xdaniix89]

3. Restrictions on Free Movement Rights (to come into force on 16th October 2012). The new rules will make clear that an EEA national cannot be considered to be an EEA national who is also a British national, meaning that a UK national has to move from another EEA State to the UK in order to trigger any rights of free movement and cannot simply be an existing resident in the UK and rely on the fact that he is also a member of another EEA Member State (the ‘Surinder Singh’ principle remains unaffected).

I may be wrong, correct me if I am, but it seems it only applies if you have for example, dual French/British nationality and are living in the UK already. You cant rely on your French nationality. So you would have to have been exercising treaty rights in another member state (as a British national) for the free movement rights.

This worried me a bit so had a read!

[st pauli]

[quote="xdaniix89"]But then I read somebody who seemed quite clued up mention Surinder Singh was affected and thought this can't be baseless. But it seems it was then...if I could find that thread I'd ask them]

Sorry, edited your post in error (mod)

[xdaniix89]

Yeah basically you have to have worked in another member state for SS to apply. Was it this thread : http://www.immigrationboards.com/viewto ... 040787df80

[EUsmileWEallsmile]

3. Restrictions on Free Movement Rights (to come into force on 16th October 2012). The new rules will make clear that an EEA national cannot be considered to be an EEA national who is also a British national, meaning that a UK national has to move from another EEA State to the UK in order to trigger any rights of free movement and cannot simply be an existing resident in the UK and rely on the fact that he is also a member of another EEA Member State (the ‘Surinder Singh’ principle remains unaffected).

I may be wrong, correct me if I am, but it seems it only applies if you have for example, dual French/British nationality and are living in the UK already. You cant rely on your French nationality. So you would have to have been exercising treaty rights in another member state (as a British national) for the free movement rights.

This worried me a bit so had a read!

Changes apply to dual EU / British nationals who never exercised treaty rights in another member state.

[EUsmileWEallsmile]

But then I read somebody who seemed quite clued up mention Surinder Singh was affected and thought this can't be baseless. But it seems it was then...if I could find that thread I'd ask them

Changing this would require the ECJ to over-rule its previous judgement.

[st pauli]

Great to know it's pretty bomb-proof for the foreseeable future. It's quite worrying how European law seems to increasingly be the last bastions of freedom for the British public these days. The ECHR (which they naturally want to undermine and even try to replace) and judgements like this. No doubt the plutocratic boys' club that sadly runs this country until their much needed kick in the bollocks in 2015 would love to do away with it all if they could..

[EUsmileWEallsmile]

Perhaps, but if can vote, make sure you take EU parliament elections seriously and don't use it as a protest vote.

[street]

But then I read somebody who seemed quite clued up mention Surinder Singh was affected and thought this can't be baseless. But it seems it was then...if I could find that thread I'd ask them

Changing this would require the ECJ to over-rule its previous judgement.

What would that entail for the ECJ to over-rule on its previous judgement?

[keffers]

Great to know it's pretty bomb-proof for the foreseeable future. It's quite worrying how European law seems to increasingly be the last bastions of freedom for the British public these days. The ECHR (which they naturally want to undermine and even try to replace) and judgements like this. No doubt the plutocratic boys' club that sadly runs this country until their much needed kick in the bollocks in 2015 would love to do away with it all if they could..

Most people in the UK would vote to leave the EU. Only a minority support the ECHR.

The EU (as opposed to EEC) and ECHR have been imposed on the British people by - as you call them - 'plutocratic boys' club' whether they be Labour or Conservative.

There is nothing anti-EU about the Conservative party. Ironically it was the Labour Party who opposed original membership of the EEC and the Conservatives who supported it.

If you think EU law is the last bastion of freedom for the British public, you clearly know very little about the purpose of EU law which has little to do with any country's electorate voting for it.

[Directive/2004/38/EC]

Most people in the UK would vote to leave the EU. Only a minority support the ECHR.

I doubt whether even a small fraction of voters even know what the ECHR does. Or would be interested in learning if they had the option.

The Singh ruling has been in place for a long time and is unlikely to be overturned any time soon.

[keffers]

I doubt whether even a small fraction of voters even know what the ECHR does. Or would be interested in learning if they had the option.

That's quite a derogatory remark to make. People are quite aware of what the ECHR gets up to - but it is true to say that 99% of British people would not be able to give a single reason as to what the undemocratic politically appointed ECHR has done to make their lives better.

Can you? (without launching into wishy-washy theoretical principals)

[Directive/2004/38/EC]

I certainly did not intended it to be derogatory, but I do think it describes the current situation. Do you really think that many people know the roles of the various European courts? Most people would have no idea about the ECJ or the ECHR, and I honestly do not think they have much interest in the details.

If you want want democratic courts, you probably need to look to elected judges in the USA. Though maybe there are some examples in European member states: I am just not sure which countries.

[EUsmileWEallsmile]

The singh route is not likely to be closed be the ECJ, so let's leave it at that for now.

Both directive and keffers have provided valuable input to poster's queries and are appreciated for that.