R V Immigration Appeal Tribunal And Surinder Singh, Ex P Secretary Of State For The Home Department [1992]

S, an Indian national, married a British national in 1982. After working as employed persons in Germany, S and his wife returned to the UK in order to open a business. S was granted limited leave to remain in the UK as the husband of a British national.

Following a decree nisi of divorce pronounced against him, the British authorities cut short his leave to remain, refused to grant him indefinite leave to remain as the spouse of a British citizen and, finally, proceeded with his deportation from the UK. He appealed against the deportation order, claiming that he had a right of residence under Community law as the spouse of a British citizen who herself had a Community law right to set up in business in the UK.

Held, that the Treaty of Rome 1957 Art.52 and Council Directive 73/148 on the abolition of restrictions on movement and residence within the Community require a member state to grant leave to enter and reside in its territory to the spouse, of whatever nationality, of a national of that state who has gone…