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

The following Immigration practice 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
  • Cases since Zambrano
  • Incorporating the Zambrano principle into the EEA Regs 2006 and EEA Regs 2016
  • Stage 1—assessing whether the relevant person is a British citizen
  • Stage 2—assessing whether the person claiming a derivative right is the direct relative or legal guardian of the British citizen
  • Stage 3—assessing whether the direct relative or legal guardian is the primary carer of the British citizen
  • Stage 4—assessing whether the British citizen would be required to leave the EEA
  • Alternative care arrangements
  • Adults
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

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

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