- Citizens of somewhere—‘Zambrano’ carers and the EU Settlement Scheme (R (on the application of Akinsanya) v Secretary of State for the Home Department)
- What are the practical implications of this case?
- What is a Zambrano carer?
- What was wrong with the Secretary of State’s policy?
- What did the court decide?
- What happens now?
- Case details
Immigration analysis: The High Court found the Secretary of State erred in law when framing her definition of a ‘person with a Zambrano right to reside’ under the EU Settlement Scheme (EUSS). Mr Justice Mostyn held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights (ECHR). Written by Michael Spencer, barrister at Doughty Street Chambers.
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