snooky wrote: ↑Thu Mar 19, 2020 2:52 pm
@Netqueen
Who is a ‘person with a Zambrano right to reside’?
A ‘Zambrano right to reside’ is derived from wider EU law rather than from the Free Movement Directive 2004/38/EC and has been confirmed by CJEU judgments
A ‘person with a Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person:
• who has satisfied the Secretary of State, including (where applicable) by the required evidence of family relationship, that, by the specified date, they are
(and for the relevant period
have been), or (as the case may be) for the relevant period
were, resident for a
continuous qualifying period in the UK as a person with a derivative right to reside by virtue of regulation 16(1) of the Immigration (European Economic Area) EEA Regulations 2016 (‘the EEA Regulations’), by satisfying the criteria in either:
paragraph (5) of that regulation
paragraph (6) of that regulation where that person’s primary carer is, or (as the case may be)
was, entitled to a derivative right to reside in the UK under paragraph (5), regardless (
where the person was previously granted limited leave to enter or remain under Part 1 of Appendix EU as a person with a
Zambrano right to reside and was under the age of 18 at the date of application for that leave) of whether, in respect of the criterion in regulation 16(6)(a) of the EEA Regulations, they are, or (as the case may be)
were, under the age of 18 years
This was copied from pages 8-9 of the 53 Zambrano caseworkers guidance for EU Settlement Scheme.
The highlighted words and phrases shows that Home Office is to deal with
1 Past - Zambrano holder
2 Present - Zambrano holder
3 Present continuous - Zambrano holder
The words
Were, was, is and continuous makes your refusal the most bogus ever coming from the HO
