Derivative and Surinder Singh rights of residence in the EU Settlement Scheme
Produced in partnership with Katie Dilger of Wesley Gryk Solicitors LLP

The following Immigration practice note produced in partnership with Katie Dilger of Wesley Gryk Solicitors LLP provides comprehensive and up to date legal information covering:

  • Derivative and Surinder Singh rights of residence in the EU Settlement Scheme
  • Background
  • Eligibility
  • Scope
  • Surinder Singh cases
  • Derivative rights cases
  • Application process

Derivative and Surinder Singh rights of residence in the EU Settlement Scheme

This Practice Note looks at how derivative and Surinder Singh rights of residence are dealt with in the EU Settlement Scheme (the Scheme), including the scope of these rights under the Scheme, and relevant application procedures.

This Practice Note does not cover Zambrano rights of residence, which are treated separately in the Scheme.

Background

The domestic UK regulations which implement EU free movement law in the UK have incorporated a number of rights of residence which are not set out in the Citizens’ Directive, 2004/38/EC.

The Immigration (European Economic Area) Regulations 2006 (EEA Regs 2006), SI 2006/1003 provided for rights of residence for non-EEA national family members of British citizens, who had exercised treaty rights in another EEA state and returned to the UK. These rights derived from the principles developed by the Court of Justice for the European Union in R v Immigration Appeal Tribunal and Surinder Singh and Minister voor Vreemdelingenzaken en Integratie v Eind.

In 2012, additional, what were termed ‘derivative’ rights of residence, were introduced into the EEA Regs 2006, SI 2006/1003 to take into account certain further decisions of the Court of Justice, which variously found rights of residence arising in certain situations pursuant to Articles 20 and 21 TFEU. All these derivative rights provisions, and those relating to Surinder Sigh cases, were

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