UPDATE – British citizens using EEA law – the Surinder Singh Judgement
New Regulations – January 2014
Effective January 2014, the UK government has published new EEA regulations on the “Surinder Singh route”.
The legal basis of the new regulations seem to be dubious – in introducing a new test that requires the British citizen to have “transferred the centre of his or her life” to the other EU member state.
While we await to see if this will affect future applications, this is certainly not a requirement of the Surinder Singh judgement as detailed by the ECJ.
Applicants are of course best advised to provide as much evidence as possible that they are genuinely living and working in the other EU member state. This would help to avoid any doubt but that they are genuinely and effectively exercising their EU Treaty Rights. This is the real test as outlined by the ECJ in the Surinder Singh case.
See our Free EEA Guide