Zambrano and European Union citizenship
Produced in partnership with Edward Mynott of Edward Mynott Tribunal Advocate
Zambrano and European Union citizenship

The following Immigration guidance note Produced in partnership with Edward Mynott of Edward Mynott Tribunal Advocate provides comprehensive and up to date legal information covering:

  • Zambrano and European Union citizenship
  • The recognition of EU citizenship rights since Zambrano
  • Incorporating the Zambrano principle into the EEA Regs 2006 and EEA Regs 2016

Important notice on Brexit: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit materials—citizens’ rights.

This Practice Note considers:

  1. how the principle of EU citizenship rights, which was recognised by the EU Court of Justice in Ruiz Zambrano, has been confirmed in subsequent judgments but its application confined to exceptional circumstances

  2. how EU citizenship rights have been implemented by the Immigration (European Economic Area) Regulations 2016 (EEA Regs 2016), SI 2016/1052

The Practice Note: Applying to confirm a Zambrano right of residence looks at:

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

  2. the procedure for making an application and the obstacle to doing so erected by the Home Office, and

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

The recognition of EU citizenship rights since Zambrano

The decision of the Court of Justice in Gerardo Ruiz Zambrano v Office national de l'emploi