Subversive citizens: Using EU free movement law to bypass the UK’s rules on marriage migration

Abstract

In 2012, new and restrictive spousal reunification laws were implemented in the UK. EU free movement rules however have enabled British citizens to circumvent those restrictions by residing for a period in another Member State, and then returning with their family member to the UK. The article examines the resulting tension between national and EU law. It explores use of the Surinder Singh route (named after the court case which established the rule) against a background in which a much wider group of British citizens than previously are now ineligible for family reunification under national laws. The route is perceived as a threat to government authority in a critical area of national sovereignty, as demonstrated by its invocation in the Brexit process. The article draws on interviews with twenty families who used or planned to use the route and discusses how it provides a safety valve for those with high cultural, but insufficient economic, capital to fulfil the domestic rules. It provides insight into how legal categories are fluid and contingent, demanding analytical flexibility and awareness of their dynamic effect on the lives of marriage migrants and sponsors.