For many years, the ‘Surinder Singh’ route was a vital immigration pathway for non-British family members of British citizens who had been living together in another EU/EEA country or Switzerland. This route, which operated under EU free movement law, allowed the family members to return to the UK with their British partner or relative under more lenient rules than the standard UK Family Visa.
However, it is crucial to understand that following Brexit, this route has been permanently closed to new applicants. This represents a significant change in UK immigration law and affects many families planning their return to the UK.
This guide provides a clear and detailed explanation of the closure of the ‘Surinder Singh’ route and outlines the alternative immigration pathways now available. Our team of specialist immigration advisors has extensive experience in helping families in this exact situation navigate the transition from EU law to UK immigration rules, ensuring a clear and successful path for your family to live together in the UK.
The Closure of the ‘Surinder Singh’ Route
- What was the ‘Surinder Singh’ route? It was a legal principle that allowed a British citizen who had exercised their ‘free movement’ rights by working or living in another EU/EEA country to bring their non-British family members (e.g., a spouse or partner) back to the UK with them under EU law, via the EU Settlement Scheme Family Permit.
- When did it close? The EU Settlement Scheme Family Permit route for family members of a British citizen (the ‘Surinder Singh’ route) officially closed to all new applications on 9 August 2023.
- What does this mean for new applicants? It is no longer possible to start a new application for an EUSS Family Permit on this basis. If you are the family member of a British citizen and you are planning to move to the UK together from Europe, you cannot use this route.
What if You Applied Before the Deadline?
If you submitted your EUSS Family Permit application under the ‘Surinder Singh’ route before the 9 August 2023 deadline, your application will still be processed by the Home Office.
- Decision Pending: The Home Office will continue to work through the backlog of these applications and you will receive a decision in due course.
- If Your Application is Successful: You will be issued with a standard EUSS Family Permit, which will allow you to travel to the UK. Once you arrive, you must then apply to the main EU Settlement Scheme to secure your long-term status.
The Alternative Pathway: Applying for a UK Family Visa
With the closure of the ‘Surinder Singh’ route, the primary immigration pathway for most non-British family members of British citizens is now the UK Family Visa (often referred to as a Spouse Visa, Partner Visa, or Fiancé(e) Visa).
This means you must meet the strict requirements of the UK’s domestic Immigration Rules, which are significantly different and more demanding than the previous EU route. The key requirements include:
- A Strict Financial Requirement: Your British partner must meet a high minimum income threshold (currently £29,000 per year for new applicants). The rules for proving this income are complex and specific.
- An English Language Requirement: The non-British applicant must prove they can speak and understand English to a required level, usually by passing an approved test.
- Detailed Relationship Evidence: You must provide a comprehensive portfolio of documents to prove your relationship is genuine and subsisting.
- Higher Application Fees: The UK Family Visa route involves substantial Home Office application fees and a mandatory Immigration Health Surcharge, costing several thousand pounds per application.
How Our Experts Can Help Your Family’s Return to the UK
The transition from the ‘Surinder Singh’ route to the UK Family Visa rules has been challenging for many families. Our expert immigration advisors specialise in helping you make this switch successfully.
- We provide a full eligibility assessment against the strict UK Family Visa requirements.
- We are specialists in the complex financial requirement, helping you navigate the rules for proving income from UK or overseas employment, self-employment, or savings.
- We guide you on the English language requirement, ensuring you take the correct test at the right level.
- We manage the entire Family Visa application process, from compiling the evidence to submitting the final application, giving you the best possible chance of a successful outcome.
Your family’s ability to live together in the UK is our priority. If you are a British citizen living in Europe and planning your return with a non-British family member, contact our specialist immigration team today for a comprehensive consultation on your UK Family Visa options.
About the Author:
Farzad Ghods is an international lawyer specialising in UK immigration law. He is regulated by the Solicitors Regulation Authority (SRA) and the Immigration Advisors Authority (IAA) in the United Kingdom, and is also a member of the Iran Bar Association. He brings over fourteen years of professional legal experience to his practice.