Dear Home Office,
I have read your generic response to Mr Syal here: https://www.whatdotheyknow.com/request/s...
From: European Operational Policy Enquiries
29 November 2013
Dear Mr Syal,
Thank you for your email of 8 November to the Home Office Freedom of
Information team seeking clarification of whether dependent parents can
qualify for residence documentation under the Surinder Singh route. Your
email has been passed to this team to respond to, as we are responsible
for policy guidance on European Economic Area (EEA) nationals and their
family members. I understand the Freedom of Information team has advised
you that your query is being dealt with as a general policy enquiry, since
you are seeking clarification of the policy rather than requesting the
release of documents or recorded information held by the Home Office.
I can confirm that the Surinder Singh route applies to direct family
members, as defined by regulation 7(1)(a)-(c) of the Immigration (European
Economic Area) Regulations 2006 (‘the EEA Regulations’), provided they
meet the requirements set down in regulation 9 of the EEA Regulations.
Direct family members for these purposes are:
· the spouse or civil partner of the British citizen, provided
they lived with the British citizen in the EEA state in which the British
citizen was exercising free movement rights;
· direct descendants (children, grandchildren) of the British
citizen, or of the British citizen’s spouse or civil partner, provided
they are aged under 21 or dependent on the British citizen or the British
citizen’s spouse/civil partner; and
· dependent direct relatives in the ascending line (i.e. parents
and grandparents) of the British citizen, or of the British citizen’s
spouse or civil partner.
Therefore, a financially dependent parent of a British citizen can qualify
under Surinder Singh/regulation 9, provided the British citizen was
engaged in genuine and effective employment or self-employment in another
EEA state before returning to the UK.
You can view the provisions of the EEA Regulations referred to above via
the following link:
I hope this has clarified the position.
European Operational Policy Team
Operational Policy & Rules Unit
Immigration & Border Policy Directorate
I have also read a lot of information online and spoken to friends who assure me that 'The Surinder Singh Route' is open to unmarried partners.
I also read a document from the European Court in which the Advocate General outlines that an EU Citizen and their family members should enjoy the same rights upon their return to the home state as in the host state:
As I can live in Ireland under Directive 2004/38/EC with my fiance as we have a defacto relationship, and my little (dependant) brother (who lives as part of my household) the logical conclusion is that when I return to the UK I should therefore be allowed to continue living as a single family unit.
I read a case of an unmarried couple being admitted to the UK recently under the Surinder Singh Route, this would support the claims of people who say that extended family meembers can apply under the case of Surinder Singh for entry to the United Kingdom.
Can you please provide myself with information that you hold on assessing Surinder Singh Route applications from unmarried partners, or any other extended family member that maay live as part of my household such as my 14 year old brother who I have played a role of mother to for the past six years.
Thank you for contacting the FOI Requests mailbox.
Your message has been logged and will be dealt with shortly.
We aim to provide a response to all FOI requests within 20 working days.
If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
Thank you for your email of 7 February 2014, which you ask for information
on assessing Surinder Singh Route applications from unmarried partners, or
any other extended family members. Your request has been handled as a
request for information under the Freedom of Information Act 2000. Please
find attached our response
Information Access Team
recorded for legal purposes.