Family members of British citizens who were living in the EU by 1 February 2020

This page is for new arrivals. If you are a housing adviser please click here for information more relevant to you.

A British citizen who never left the UK does not have any 'extra' rights arising from their being a former citizen of the EU. But a British citizen who lived in an EEA country, exercising EEA rights of residence, and lived there with family members by 1 February 2020 can in certain circumstances bring those family members back to the UK to live here.

The British citizen must have lived in the EU country at any point up to and including 31 January 2020 and have returned to live in the UK before 1 January 2021.

These rights were called 'Surinder Singh' rights (after the case that established them).

'Surinder Singh' family members can enter and stay in the UK and can apply for settled or pre-settled status, but the rules about who can apply for what are complex, and involve some important deadlines, explained below.

Some family members who arrive in the UK at any point up to and including 29 March 2022 will be eligible for settled or pre-settled status if they are related to the UK national in one of these ways:

• They are the husband, wife, civil partner or unmarried partner of the UK national and the relationship started before 1 February 2020 and that relationship continues at the date of the application; or
• They are a child, aged under 21, of the UK national (or of the UK national’s husband, wife, or civil partner if the marriage or partnership was entered into before 1 February 2020 or after that date if they were in a durable relationship before the marriage or partnership); or
• They are a dependent parent or grandparent of the UK national (or of the UK’s national’s husband, wife, or civil partner if the marriage or partnership was entered into before 1 February 2020 or after that date if they were in a durable relationship before the marriage or partnership) and if all family relationships continue to exist at the date of the application.

They must have applied for settled or pre-settled status by 29 March 2022, although late applications were allowed if there was good cause. However, no applications made from 9 August 2023 will be accepted.

Other family members will be eligible for settled or pre-settled status if they arrived in the UK on or before 31 December 2020 and are related to the UK national in one of these ways:

• They are the husband, wife, or civil partner or unmarried partner of the UK national and the marriage or partnership was entered into, or the relationship started, between 1 February 2020 and 31 December 2020 and that relationship continues at the date of the application; or
• They are a child, aged less than 21, of the UK national’s husband, wife or civil partner (where the marriage or civil partnership was entered into between 1 February 2020 and 31 December 2020); or
• they are a dependent parent or grandparent of the UK national’s husband, wife or civil partner (where the marriage or civil partnership was entered into between 1 February 2020 and 31 December 2020), and were a dependent parent or grandparent on 1 February 2020 and continue to be that person’s dependent parent or grandparent; or
• they are a dependent child, parent or grandparent of the UK national, or of the UK national’s husband, wife or civil partner (where the marriage or partnership was contracted on or before 31 December 2020) and their dependent relationship to the UK national (or his or her husband, wife or civil partner) existed before they returned to the UK with the UK national, or before 31 December 2020, and the dependency continues to exist at the date of the application.

They must have applied for settled or pre-settled status by 30 June 2021 (or if they made a late application, by 8 August 2023).