New guidance: EU Settlement Scheme: derivative right to reside (Chen and Ibrahim/Teixeira cases)

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New guidance has been published by the Home Office confirming how consideration will be given to whether an applicant to the EU Settlement Scheme is a person with a derivative right to reside.

A derivative right to reside in the UK was confirmed by the Court of Justice of the European Union (CJEU) in Chen and others (Free movement of persons) [2004] EUECJ C-200/02, Ibrahim C-310/08 and Teixeira C-480/08. Consideration of these cases was included in Withdrawal Agreement. And now, the EU Settlement Scheme makes separate provision for those with derivative right to reside based on the judgment of the CJEU in Zambrano and from 1 May 2019, a person with a ‘Zambrano right to reside’ has been able to apply under the Settlement Scheme. You can read more about the decision in Zambrano here, as well as reviewing a number of consequential cases here.

This new guidance confirms how to consider whether an applicant does have such rights to reside and will be used in decision-making straight away.