Home Office to refuse Zambrano applications under EEA Regs if Appendix FM/Article 8 alternative route available

Zambrano claimants applying under the Immigration (European Economic Area) Regulations 2016 are being railroaded by the Home Office.  Access to a derivative right of residence is being severely restricted, if not shut altogether.

 

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Adult Zambrano primary carer case succeeds despite Court of Appeal finding test on adult dependents a very demanding one

A person may qualify for a derivative right of residence as the primary carer of a British citizen child or British dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the European Economic Area (EEA), ie a Zambrano case. The 2016 EEA regulations do not impose an age limit on the relevant British citizen who is dependent upon their primary carer

 

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