Implementation of the "Surinder Singh" ruling

Benjamin Wilson made this Freedom of Information request to UK Border Agency

The request was successful.

From: Benjamin Wilson

10 April 2010

Dear UK Border Agency,

This request for information is made in accordance with the Freedom
of Information Act.

In ECJ Case C-370/90 (Surinder Singh), the court ruled that a
citizen of the Union, having pursued economic activity in the
territory of another Member State, has the right to be treated as
an EEA national upon his return to his state of citizenship, and
his family members have the right to be treated as family members
of an EEA national for the purpose of European Union Directive
2004/38/EC and national transposition.

In Case C-370/90, the family member of Surinder Singh was his
spouse. However, it is widely accepted by the Member States of the
European Union, the United Kingdom included, that this does not
cause to exclude family members who are not the spouse of the Union
citizen, in the precedent set by this judgement.

For example, there are several instances in the UKBA European
Casework Instructions which refer to "Singh" applications, where
the applicant may be the spouse or other family member of a
returning UK national. I refer specifically to § 1.3 of Chapter 1,
§ 2.5.1 and § 3.2 of Chapter 2, § 5.5 of Chapter 5 and to § 3.11 of
Chapter 9. The UKBA European Casework Instructions are available
for download at this link:
http://www.bia.homeoffice.gov.uk/sitecon...

The information I require from the UKBA is as follows:

Whilst the UKBA European Casework Instructions correctly refer to
the rights of family members of a returning UK national, are there
any circumstances in which the UKBA may refuse to recognise the
right of a family member of a returning UK national if that family
member is not the spouse of a returning UK national (for example,
if the family member is a child of a returning UK national or is a
dependent direct relative in the ascending line of a returning UK
national)?

Thank you.

Yours faithfully,

Benjamin Wilson.

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From: Freedom Of Information Team \( IND \)
UK Border Agency

12 April 2010

Dear Benjamin Wilson

Re 32441

This is a general enquiry
You should therefore direct your enquiries to the Immigration Enquiry Bureau (IEB) and I have enclosed the details for your reference. Further information can be found on the UKBA website.

Phone: 0870 606 7766

Email: [email address]

Address: UK Border Agency Lunar House, 40 Wellesley Road, Croydon,
Surrey CR9 2BY

Opening Hours: Monday - Thursday 0900 - 1645 Friday 0900 - 1630

Yours sincerely

Freedom of Information Team
UK Border Agency

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From: Benjamin Wilson

12 April 2010

Dear Freedom Of Information Team ( IND ),

It is not a general enquiry. It is a specific request for
information which is made in accordance with the Freedom of
Information Act.

Yours sincerely,
Benjamin Wilson.

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From: Freedom Of Information Team ( IND )
UK Border Agency

16 April 2010

Dear Mr Wilson

Thank you for your email of the 12 April 2010 to the UK Border Agency
requesting information regarding the implementation of the "Surinder
Singh" Ruling. Although you have requested information under the terms
of the Freedom of Information Act, it has been decided that we can
respond routinely and here is our response.

The terms of the Surinder Singh judgement you refer to have been
incorporated into domestic legislation as regulation 9 of the
Immigration (European Economic Area) Regulations 2006. As you will be
aware, the provisions in this regulation are not confined to just
spouses and civil partners. The wording of the regulation confirms it
applies to 'family members of a United Kingdom national'. Family members
in the European context are defined by regulation 7 of the EEA
regulations.

In terms of situations where it would be appropriate to refuse an
application made under regulation 9, the criteria to be met are detailed
in Chapter 5, section 5.5 of the European Casework Instructions which is
available from the UKBA website. Where the relevant criteria are not
met, then any such application is likely to be refused. Equally, as is
common throughout the EEA regime refusals can also be based where
appropriate on the basis of public policy, security or health.

Regards

Isra Hussain
Freedom Of Information Team
UKBA

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