Zambrano and European Union citizenship [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:

  • Zambrano and European Union citizenship [Archived]
  • 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...

Zambrano and European Union citizenship [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ARCHIVED: this Practice Note is no longer maintained as it covers the implementation of EU free movement law in the UK prior to IP completion day, on which date domestic legislation implementing EU free movement law was revoked, subject to certain savings and modifications.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 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

Popular documents