Immigration: Married People

Home Office written question – answered on 15th May 2018.

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Photo of Deidre Brock Deidre Brock Shadow SNP Spokesperson (Devolved Government Relations), Shadow SNP Spokesperson (Fair Work and Employment), Shadow SNP Spokesperson (Northern Ireland)

To ask the Secretary of State for the Home Department, when he plans to issue guidance to UK citizens who are living with non-EU spouses in the UK under the Surinder Singh principle on their residence rights after the UK leaves the EU.

Photo of Deidre Brock Deidre Brock Shadow SNP Spokesperson (Devolved Government Relations), Shadow SNP Spokesperson (Fair Work and Employment), Shadow SNP Spokesperson (Northern Ireland)

To ask the Secretary of State for the Home Department, what estimate his Department has made of the number of UK citizens with non-EU born spouses who have returned to the UK from another EU Member State under the Surinder Singh principle.

Photo of Caroline Nokes Caroline Nokes The Minister for Immigration

We have reached an agreement with the EU on citizens’ rights that will protect those EU citizens and their family members who are lawfully resident in the UK by 31 December 2020. We will introduce a new settlement scheme under UK law for EU citizens and their family members to secure their rights under the Withdrawal Agreement.

Although not covered by citizens rights’ agreement with the EU, it is our intention that family members of UK nationals who have exercised their free movement rights in another EU Member State before returning to the UK before 31 December 2020, as per Surinder Singh case law, will be eligible to apply for the UK’s settlement scheme. We will provide details in advance of the scheme opening on the eligibility of those who benefit from the Surinder Singh judgment to apply for the settlement scheme.

Currently, non-EU born spouses of British citizens returning to the UK from another EU member state under the Surinder Singh judgment are not required to apply for a right of residence and therefore no estimate of numbers is available.

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