EU Settlement Scheme Rules for Zambrano Carers Unlawful

London: R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules. Up to now, the Home Office had been refusing to grant Appendix EU status to Zambrano carers who already had some kind of permission to remain (typically as a parent under Appendix FM). I would encourage anyone who has been baffled by the Home Office’s position on Zambrano carers to read the full judgment, as your bafflement will be vindicated!

If you’re not already familiar, it can be difficult to understand Zambrano carers from a standing start, but here goes. Following the landmark Zambrano judgment in 2011, the primary carer of a British citizen living in the UK derived a right to reside under EU law if their removal from the UK would compel the British citizen to leave the European Union. This benefitted, for example, single mothers from non-EU countries with a British child or children.

Read more: Freemovement, https://is.gd/9mPe1W