Annex 4 to 32642 (Singh)
Subject: initial response to Mr Singh
Date: 13/01/14
Redaction information: Mr Singh’s email address redacted in accordance with
section 40(1) – subject’s personal data.
Other information: response published at:
https://www.whatdotheyknow.com/request/surinder_singh_for_dual_british#incoming
-469986 From: European Operational Policy Enquiries
Sent: 13 January 2014 15:40
To: <Redacted>
Cc: European Operational Policy Enquiries
Subject: Freedom of Information request - Surinder Singh for Dual British and
Irish nationals
Dear Mr Singh,
Thank you for your email of 28 December to the Home Office Freedom of
Information team regarding the Surinder Singh provisions under European Union
law and how they apply to dual British/Irish citizens. Your query has been
passed to the European Operational Policy Team for a response. We are
treating your request as a general enquiry rather than as a request for
specific information under the Freedom of Information Act 2000.
You have asked for "any guidance, legislation or otherwise which might outline
a prevention of a dual Irish/British national from benefiting from the case of
Surinder Singh via Ireland". I have interpreted this to mean whether a dual
British/Irish citizen can rely on the judgment in Surinder Singh when moving
to the UK after a period of residence in Ireland as a worker or self-employed
person. Please let me know if this is incorrect.
The Home Office has not produced any guidance on this specific subject.
However, in the case of Shirley McCarthy (case C-434/09), the Court of Justice
of the European Union ruled that Directive 2004/38/EC ('the Free Movement
Directive') is not applicable to a Union citizen who has never exercised his
right of free movement, who has always resided in a Member State of which he
is a national and who is also a national of another Member State.
You can view a summary of the McCarthy case at the link below:
http://www.eulaws.eu/?p=323
The ruling itself can be found at the following page:
http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62009CJ0434:EN:HTML
The UK interprets this judgment to mean that a dual British/Irish citizen
cannot rely on their Irish citizenship to exercise free movement rights in the
UK (and so bring in family members under EU law). Similarly, the same person
cannot rely on their British citizenship to exercise free movement rights in
Ireland. In both situations, the person would be residing in a Member State
of which they are a national and in which they enjoy an unconditional right to
reside. Consequently, a dual British/Irish citizen moving from Ireland to the
UK would not be able to be able to invoke the judgment in Surinder Singh in
order to engage family reunification rights, because their residence in
Ireland would not have been covered by the Free Movement Directive.
There is, of course, nothing to prevent a British/Irish citizen from
exercising their free movement rights in a Member State of which they are not
a national and relying on Surinder Singh on their return to the UK (or
Ireland, as the case may be).
I hope this has clarified the Home Office's position.
Your sincerely,
European Operational Policy Team
Operational Policy & Rules Unit
Immigration & Border Policy Directorate
Home Office
Level 5 | Vulcan House (Steel) | 8 Millsands | Sheffield | S3 8NU
-----Original Message-----
From: Sukwant Singh [mailto:<redacted>]
Sent: 28 December 2013 11:02
To: FOI Requests
Subject: Freedom of Information request - Surinder Singh for Dual British and
Irish nationals
Dear Home Office,
Could you provide me with any guidance, legislation or otherwise which might
outline a prevention of a dual irish/british national from benefiting from the
case of surinder singh via ireland.
Yours faithfully,
Sukwant Singh