Legal News

Citizens of somewhere—‘Zambrano’ carers and the EU Settlement Scheme (R (on the application of Akinsanya) v Secretary of State for the Home Department)

Published on: 17 June 2021
Published by: LexisPSL
  • 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

Article summary

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. or take a trial to read the full analysis.

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