Is the Surinder Singh route still available after Brexit?

The Surinder Singh route is no longer available for new applications since the end of the Brexit transition period on 31 December 2020. However, those who were already exercising rights under this route before that date may have been able to apply under the EU Settlement Scheme.

Can I still use the EU Settlement Scheme for family members?

The EUSS deadline for most applications was 30 June 2021, though late applications are still accepted where there are reasonable grounds. Family permits under the EUSS are available for joining an EEA national with settled or pre-settled status, but the criteria are specific and deadlines apply.

What are my options now if the Surinder Singh route is closed?

If the Surinder Singh route is no longer available to you, the main alternative for bringing a non-EEA family member to the UK is the standard spouse visa route under Appendix FM. This involves meeting the financial requirement, English language requirement, and other standard criteria.

Surinder Singh Route and EUSS Family Permits Explained

Q: What was the Surinder Singh route?

The Surinder Singh route allowed British citizens who had exercised their EU treaty rights in another EEA country to bring non-EU family members back to the UK under EU law, rather than under UK immigration rules. This route was based on a 1992 European Court of Justice case and offered a lower-cost, less restrictive alternative to the spouse visa.

The Surinder Singh route allowed British citizens who had lived and worked in another EEA country to bring family members to the UK under EU free movement rules. This route closed with the end of the Brexit transition period. Existing beneficiaries may have protection under the EU Settlement Scheme, while new applicants must use the standard family visa route.

What Was the Surinder Singh Route

Named after a 1992 European Court of Justice case, the Surinder Singh route worked as follows:

A British citizen moved to another EEA country (for example, Ireland, France, or Spain)
They exercised their EU treaty rights there by working or being self-employed
While in that country, they were joined by their non-EEA family member (spouse, partner, or child) who obtained an EU residence card
The British citizen and family member then returned to the UK together
Under EU law, the non-EEA family member had the right to enter and reside in the UK on the same basis as the family member of an EEA national

This was particularly attractive because it bypassed the UK's minimum income requirement of 18,600 pounds (now higher) and the other Appendix FM conditions. Families who could not meet the financial requirement for a standard spouse visa often used this route instead.

What Happened After Brexit

The UK left the EU on 31 January 2020, with a transition period that ended on 31 December 2020. From that date:

EU free movement rights ceased in the UK
The Surinder Singh route closed to new applicants
Those who were already exercising rights under the route before 31 December 2020 could apply to the EU Settlement Scheme

The EUSS application deadline was 30 June 2021, though late applications continue to be accepted where there are reasonable grounds for missing the deadline. You can check your eligibility on the GOV.UK EU Settlement Scheme page.

EUSS Family Permits

The EU Settlement Scheme family permit allows eligible family members of EEA nationals with settled or pre-settled status to come to the UK. Key points:

The permit is free of charge
It allows the holder to enter the UK and then apply for settled or pre-settled status
The family member must be the spouse, civil partner, durable partner, child, or dependent relative of an EEA national with EUSS status
The relationship must have existed before 31 December 2020 in most cases

For late applications, the Home Office considers whether there are reasonable grounds for the delay. This is assessed case by case. See our guide on EUSS late applications.

Current Alternatives

If the Surinder Singh route and EUSS are not available to you, the main options for bringing a non-EEA family member to the UK are:

Spouse visa (Appendix FM) — the standard route for partners of British citizens and settled persons
Fiance visa — if you plan to marry in the UK
Unmarried partner visa — for couples who have lived together for at least two years
Adult dependent relative route — for elderly or incapacitated family members (very strict criteria)

All of these routes have their own requirements, including the financial threshold, English language test, and application fees.

Impact on Families

The closure of the Surinder Singh route has had a significant impact on families who relied on it. Many British citizens on modest incomes cannot meet the spouse visa financial requirement, particularly as the threshold has increased. The immigration white paper proposes raising the threshold further.

If you are in this situation, explore all the financial categories available, including combining income and savings and the exceptional circumstances route under Appendix FM.

Next Steps

If you were on the Surinder Singh route before Brexit and have not yet applied to the EUSS, consider making a late application as soon as possible. If the route is not available to you, assess your eligibility for the standard spouse visa route. Check the GOV.UK family visa page for current requirements.

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