Singh then took the case to the European Court of Justice citing EU free movement rules.
It was held that EU free movement rules overrode domestic legislation and as such Singh was entitled to remain in the UK.
Through EU Regulations on Free Movement of Peoples, it provides a window of opportunity to reunite UK citizens with their spouses in the increasing number of cases where the new rules on income and other additional measures mean that such spouses of UK citizens would otherwise be separated by the requirements of increasingly strict visa controls.
For example, a French husband could bring his Mexican wife into France by exercising his treaty rights in Spain.
[2][3] The Upper Tribunal of the Asylum and Immigration Tribunal, comprising immigration judges Mr Haddon-Cave J and Mr Kopieczek have since ruled that the Surinder Singh principles apply to unmarried partners (and by analogy, other members of a British returning worker's "extended family"): Kamila Santos Campelo Cain v Secretary of State for the Home Department.