Applying to confirm a Zambrano right of residence [Archived]
Produced in partnership with Ed Mynott

The following Immigration practice note produced in partnership with Ed Mynott provides comprehensive and up to date legal information covering:

  • Applying to confirm a Zambrano right of residence [Archived]
  • The advantages of making an application for a derivative residence card
  • The disadvantages of an application for a derivative residence card
  • The procedure for making applications for a derivative residence card
  • The Home Office policy requiring an applicant to have made an unsuccessful Appendix FM or art 8 human rights claim
  • Option one
  • Option two
  • The alternative to applying for a derivative residence card: Application for leave as a ‘person with a Zambrano right to reside’ under the EU Settlement Scheme
  • The eligibility requirements for a person asserting a Zambrano right to reside
  • Remedy in the event of refusal
  • More...

Applying to confirm a Zambrano right of residence [Archived]

ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications. For further details, including of the relevant savings and the position of CJEU case law, see Practice Note: What does IP completion day mean for Immigration?. The Practice Note has been retained in archived form for historical interest, because EU law as previously implemented in the UK remains relevant in certain limited situations. For historical versions of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052, including immediately prior to revocation, see Legislation.gov.uk. For the ongoing development of EU free movement law in EU Member States, see: Immigration, employment & share incentives (EU Law)—overview.

This Practice Note looks at:

  1. the pros and cons of making an application for a derivative residence card on the basis of the Zambrano principle

  2. the procedure for making an application and the Home Office policy requiring an applicant to have made an unsuccessful art 8 human rights claim before they will consider the derivative residence card application, and

  3. the potential alternative option of applying for leave as a ‘person with a Zambrano right to reside’ under Appendix EU

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