What is the Zambrano Route Application and its Jurisdiction in the UK?

Question from Shaks, What is the Zambrano Route Application and its Jurisdiction in the UK?

Answer from AI:

The Zambrano route is a legal pathway that allows non-European Economic Area (non-EEA) nationals to reside in the UK. This route is based on a European Court of Justice (ECJ) ruling in the case of Ruiz Zambrano v Office national de l’emploi.

Understanding the Zambrano Route

In the Zambrano case, the ECJ ruled that non-EEA nationals have the right to reside and work in an EU member state if they have a dependent child who is a citizen of that state. The rationale is that denying the parent the right to reside would effectively deprive the child of the enjoyment of their EU citizenship rights.

In the UK, the Zambrano route is applicable to non-EEA nationals who are primary carers of a British citizen. A primary carer is someone who is responsible for a person’s day-to-day care, such as a parent, guardian, or legal custodian.

Eligibility for the Zambrano Route

To be eligible for the Zambrano route in the UK, you must meet the following criteria:

• You must be a non-EEA national.
• You must be the primary carer of a British citizen.
• The British citizen must be residing in the UK.
• The British citizen would be unable to live in the UK or in another EEA state if you were required to leave.

Applying for the Zambrano Route

The application process for the Zambrano route involves submitting an application form, providing supporting documents, and paying a fee. The Home Office will then assess your application and make a decision.

Please note: The Zambrano route is a complex area of law and it is recommended that you seek legal advice before making an application. The UK government’s guidance on derivative rights of residence provides more information on this topic.

Impact of Brexit on the Zambrano Route

The UK’s exit from the EU (Brexit) has led to changes in the country’s immigration laws. However, the Zambrano route remains in place for those who were residing in the UK before the end of the Brexit transition period on 31 December 2020. For those arriving after this date, the rules may be different and it is advisable to seek legal advice.

In conclusion, the Zambrano route provides a pathway for non-EEA nationals who are primary carers of British citizens to reside in the UK. However, it is a complex area of law and professional legal advice should be sought before making an application.