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Zambrano

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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suspect001
Newly Registered
Posts: 1
Joined: Mon May 06, 2024 11:17 am
United Kingdom

Zambrano

Post by suspect001 » Mon May 06, 2024 11:33 am

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.

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CR001
Moderator
Posts: 88570
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
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South Africa

Re: Zambrano

Post by CR001 » Mon May 06, 2024 11:39 am

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.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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