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European Economic Area (EEA) | Zambrano Rights Of Residence
A ‘Zambrano carer’ is the non – EEA national primary carer of a British Citizen who is residing in the UK and who has a right to reside if their removal from the UK would require the British citizen to leave the UK and the EU.
An individual, for example a worker, job seeker or student, who does not qualify for a right of residence under the 2004 Citizens/Free Movement Directive, may qualify through rights derived from other branches of EU law.
On 2nd May 2019 the Home Office published guidance on ‘Derivative Rights of Residence’ in which it states:
A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependant British citizen or a dependant of that primary carer.
In a Zambrano carer application there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention of Human Rights (ECHR).
Applications seeking derivative residence as a Zambrano carer will involve proving that:
- the child is a British citizen
- the carer is a direct relative or legal guardian
- the carer is the primary carer
- the child would be forced to leave the EEA area if residence rights were not granted to the primary carer and
- there are no grounds of public policy, security or public health which suggest that a right of residence should not be accepted.
An application must be refused if the applicant, as a Zambrano carer, has:
- never made an application under appendix FM of the Immigration Rules, or any other Article 8 ECHR claim, where that avenue is available
- been refused under Appendix FM or Article 8 ECHR but circumstances have changed since the decision was made – e.g the applicant applied on the basis of their relationship with a British spouse but the couple now have a British child.
Application Fees Payable
- A Zambrano carer application under EEA costs £65.00
- An application under the Immigration Rules costs £2000.00
Home Office Guidance
The Home Office Guidance is that applications by a primary carer or a person who wishes to remain in the UK on the basis of family life with a British citizen, should first make an application for leave to remain under Appendix FM of the Immigration Rules of another Article 8 claim.
How Can We Help?
The rules and regulations governing derivative rights are extremely detailed and complex and there are various options as to how to proceed to be considered.
It is essential that expert guidance is sought to ensure that the correct applications are submitted and are accurately prepared for proper consideration by the authorities.
Failure to submit the appropriate form of application may result in the substantial fee being forfeited if the application is rejected.
Kangs Solicitors maintains an established team which assists clients with all aspects of asylum and immigration issues at all stages from Application preparation to Tribunal representation and any subsequent Appeal Hearings
Who Can I Contact For Help? | Kangs Immigration Solicitors
Please feel free to contact our Immigration Team who will be happy to speak to you and guide you.
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