A Zambrano Carer is someone who is from a state which is outside the European Economic area who is required in order to help a child or dependant adult who is British live in the UK for the rest of the EEA. The people who require the care or help may be UK citizens or from a different country entirely.
If a child who needs support comes to this country, they are entitled to bring a parent or both parents with them who also have the right to live and work in the UK. Countries in the EEA include:
Austria
Belgium
Bulgaria
Croatia
Republic of Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Netherlands
Poland
Portugal
Romania
Slovakia
Slovenia
Spain
Sweden.
Following the UK’s vote to leave the European Union, they ceased to be a contracting party of the EEA agreement after 31st January 2020. This follows from the two-pillar structure and Article 126 of the EEA Agreement, which states that the EEA Agreement applies to the territory of the EU and the three EEA EFTA States.
After the Brexit vote, it was decided that some people who came to the UK from the EU would have to return to the country they came from, however in May 2019, it was decided that a person with a Zambrano right to reside could apply for settled status, (indefinite leave to enter or remain in the UK) or pre-settled status (limited leave to enter or remain in the UK) under the EU Settlement Scheme: also referred to in this guidance as ‘the scheme’.
Unfortunately many Zambrano carers are being refused their right to remain in the UK. At least 61% of their applications for settlement under the EU Settlement Scheme have been refused. Many of them are from Africa, the Caribbean and Asia.
Under Zambrano rules which is available by way of EU law, for parents who are the primary carers of a British citizen child, where the child would be compelled to leave the UK if the carer is forced to leave. The EU Settlement Scheme enables resident EU, other EEA, and Swiss citizens and their family members to obtain a UK immigration status.
The majority of Zambrano carers are refused for contradictory reasons; i.e., -for not having applied for leave to remain under the UK immigration rules first, or -for having applied under the UK immigration rules and been granted leave to remain, or -for allowing our leave to remain under the UK immigration rules expire. Yet, a sizeable minority of Zambrano carers ARE approved. After hearing from a few of them, the successful ones were approved despite doing the exact opposite of the refusal letters. Thousands of Zambrano carer families were granted settled status under EUSS, who have never applied for leave to remain under the UK immigration rules, or who currently hold residence under the UK immigration rules, or allowed their LTR under UK rules to expire.
Thousands of families would be affected by this legislation and be deported if the rules don’t change. Many British children who were born in the UK will only know one way of living and may be too young to understand how different life is in other countries. There are many rules and regulations that they will not understand and this will be too much for them to take along with their normal every day lives.
One kind of refusal: “As you did not submit a further Appendix FM application or Article 8 ECHR claim in these circumstances, you have failed to show that you would be required to leave the UK and that XXXXXXX would be unable to reside in the UK or EEA if you left the UK for an indefinite period. Accordingly, your application on the basis of being a ‘person with a Zambrano right to reside’ has been refused.”
A 2nd type of refusal: “You cannot show that you would be required to leave the UK, and therefore cannot be considered a person with a Zambrano right to reside, if you have never made an application under Appendix FM to the Immigration Rules or an Article 8 ECHR claim where there is a realistic prospect that such an application or claim would succeed.”
A 3rd type of refusal: “Our records show that you currently hold leave to remain in the UK valid until XXXX. This leave was granted under Appendix FM of the Immigration Rules, not under the EU Settlement Scheme. This means you cannot qualify as a person with a Zambrano right to reside. As your existing leave to enter or remain means your application cannot succeed, we have not considered the rest of your application.”
If the law is not changed, many young, British children who will have only known one way of life will be deported along with their carers and made to go and live in a place which is completely unfamiliar to them. This is completely unfair and will be too much for them to take, being torn away from the way of life they know best to go and live somewhere strange and unfamiliar. Something needs to be done to help these people and the struggle they are going through.
