The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & […]
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. […]
Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory statement gives an overview of […]
Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home […]
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries […]
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v […]
In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary […]
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under […]
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as […]
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that […]
In the case of Robinson (Jamaica) v Secretary of State for the Home Department [2020] UKSC 53 the Supreme Court has held that there is no “exceptional circumstances” test that […]
The Supreme Court has found in the case of Patel and Shah v Secretary of State for the Home Department [2019] UKSC 59 that the carers of EU citizen children can […]
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental […]
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of […]
A new statement of changes to the Immigration Rules was published today, 7 March 2019. It is 294 pages long and covers a lot of ground. The main changes are to […]
Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of […]
On 23 February 2018, the Home Office issued new guidance on dealing with applications for leave to remain on the basis of family life as a partner or parent or […]
In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised […]
In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” […]
Newcomers to the UK, whether they have immigration status or not, face formidable obstacles in accessing services such as housing or social security. This is a look at some common […]
In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home […]
In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under […]
Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the […]
One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until then we will all continue […]
On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11). This was a much awaited judgment after the ‘Zambrano and […]
The hotly anticipated (er, by EU law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in […]
The judgment of the Court of Justice of the European Union in the case of Zambrano (C-34/09) may mark the watershed between the history of European Community free movement law […]
