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Zambrano

Posted: Mon May 06, 2024 11:33 am
by suspect001
Hi, I am on currently the 10 year family route - 7 years into it.
My mother inlaw has passed away and now my british father inlaw lives with me and my husband and 5 year daughter.
My father is unable to cook or look after himself.
Before they did Zambrano thing where you could apply if you looked after a british citizen.
Can I apply for anything like that now?
I would be very gratefully for any advise
I am very sorry if I have logged incorrectly.

Re: Zambrano

Posted: Mon May 06, 2024 11:39 am
by CR001
You would be better off staying on the route you are on to be honest. There have been many Zambrano refusals for those who did not meet the requirement on 31st December 2020 and following the ruling in the case of Akinsaya.

https://www.gov.uk/government/publicati ... ry%20carer.

As you currently hold valid leave to remain, you fail the requirement.
A Zambrano right to reside is only available to a person who has no other lawful basis of stay in the UK as the primary carer of a dependent British citizen, or as a dependant of that primary carer. In the case of Akinsanya v the Secretary of State for the Home Department (SSHD) [2022] EWCA Civ 37 (25 January 2022), the Court of Appeal found that, as a matter of EU law, a Zambrano right to reside does not arise where a person holds leave to remain.