After being deported twice from England, the applicant returned secretly, married a British citizen, and sought leave to remain. He was deported, but to Ireland where his new spouse was then established. He sought to rely upon the case of Surinder Singh to support his application for entry clearance and revocation of the deportation order. Both he and his spouse now worked in Ireland. His application was refused on the basis that the stay in Ireland was temporary and intended only ever to generate a right to return to England.
Held: Singh held that freedom of movement was given to the spouse of a national of a member state, and enjoy the same rights as his spouse. The regulation however was silent as to the rights of a foreign national married to a national of a member state to access to the Community territory. The regulation rights did not apply if the marriage was not genuine, or if the spouse was not lawfully resident in the first state.
Europa Freedom of movement for workers – National of a non-Member State who is the spouse of a national of a Member State – Spouse under a prohibition on entering and remaining in that Member State – Temporary establishment of the couple in another Member State – Establishment with a view to acquisition by spouse of a right under Community law to enter and remain in the first Member State – Abuse.
Citations:
Times 26-Sep-2003, C-109/01, [2003] EUECJ C-109/01, [2004] 2 WLR 871
Links:
Statutes:
Regulation (EEC) No 162/68 (1968) on freedom of movement for workers within the community
Jurisdiction:
European
Citing:
Cited – Regina v Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department ECJ 7-Jul-1992
ECJ The provisions of the Treaty relating to the free movement of persons are intended to facilitate the pursuit by Community citizens of occupational activities of all kinds throughout the Community and preclude . .
Cited by:
Cited – Machado v Secretary of State for the Home Deptment CA 19-May-2005
At issue was a decision of the Home Secretary to deport on grounds of public policy a foreign national married to an EU national with a right of establishment in the United Kingdom. The substantive issue was whether the decision of the IAT to uphold . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 13 May 2022; Ref: scu.186456