Immigration: Families

(asked on 29th June 2020) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what the status of the Surinder Singh judgement will be with respect to its application in the UK after 31 December 2020.


Answered by
Kevin Foster Portrait
Kevin Foster
This question was answered on 7th July 2020

We do not hold data on the number of grants of leave to remain based on the principles of the Metock judgment.

At the end of the transition period, on 31 December 2020, free movement law will be repealed by the Immigration and Social Security Co-ordination (EU Withdrawal) Bill and the UK will no longer be bound by the Metock and Surinder Singh judgments.

On 19 February, the Government published its policy statement on the UK’s global points-based immigration system and this new system will apply to EEA citizens and their family members coming to the UK from January 2021.

The Government has confirmed family members of British citizens lawfully resident in the UK under the ‘Surinder Singh’ route by the end of the transition period are eligible to apply for status under the EU Settlement Scheme. Family members resident in the UK by the end of the transition period based on the principles of the Metock judgment are also eligible to apply for status under the scheme.

In addition, British citizens who are living in the EU by 31 December 2020 may return to the UK with their close family members under the current arrangements until 29 March 2022, where the family relationship existed before the UK left the EU.

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