Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union citizenship rights on removal of the TCN parent from the EU.
P an Indian national with no right to remain in the UK cared for his parents, British citizens. P helped with his father’s kidney dialysis, and cared for his immobile mother. Both relied on him. The father’s dialysis medication may not be available in India. The FTT found that P’s father would not return to India with P; instead, he would continue to receive medical treatment in the UK, although that to a lesser quality of life than P’s care. P failed in invoking the Zambrano principle in the courts below and appealed.
S a Pakistani national, was primary carer of his British citizen infant son. S’s wife is a British national. Whilst Mrs S works full-time, S cares for their son. The FTT found that if S returned to Pakistan, Mrs S would accompany him to Pakistan with their child. The FTT and UT therefore found that S was entitled to remain. The CA held that Mrs S could look after the son here, and the requirement for compulsion to leave the UK was not satisfied. S appealed.
Held: S succeeded but not P.
The test of compulsion is thus a practical test to be applied to the actual facts and not to a theoretical set of facts.
Judges:
Lady Hale, President, Lord Carnwath, Lord Briggs, Lady Arden, Lord Sales
Citations:
[2019] UKSC 59, [2020] WLR(D) 14, [2020] Imm AR 600, [2020] INLR 350, [2020] 2 All ER 557, [2020] 2 CMLR 12, [2020] 1 WLR 228, UKSC 2018/0006
Links:
Bailii, SC Summary, WLRD, SC, SC Summary, SC Summary Video, SC 2019 May 07 am Video, SC 2019
Statutes:
Immigration (European Economic Area) Regulations 2006 15A(4A)
Jurisdiction:
England and Wales
Citing:
Cited – Ruiz Zambrano (European Citizenship) ECJ 8-Mar-2011
ECJ Citizenship of the Union – Article 20 TFEU – Grant of right of residence under European Union law to a minor child on the territory of the Member State of which that child is a national, irrespective of the . .
Cited – KA and Others (Regroupement Familial En Belgique) (Border Control, Asylum, Immigration – Judgment) ECJ 8-May-2018
Reference for a preliminary ruling – Border control, asylum, immigration – Article 20 TFEU – Charter of Fundamental Rights of the European Union – Articles 7 and 24 – Directive 2008/115/EC – Articles 5 and 11 – Third-country national subject to an . .
Appeal from – Patel v The Secretary of State for The Home Department CA 13-Dec-2017
. .
Cited – Agyarko and Ikuga, Regina (on The Applications of) v Secretary of State for The Home Department SC 22-Feb-2017
Applications were made by foreign nationals, residing unlawfully in the UK, for leave to remain as the partners of British citizens with whom they had formed relationships during their unlawful residence, relying primarily on the duty imposed on the . .
Cited – Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve ECJ 20-Sep-2001
ECJ Reference for a preliminary ruling: Tribunal du travail de Nivelles – Belgium. Articles 6, 8 and 8a of the EC Treaty (now, after amendment, Articles 12 EC, 17 EC and 18 EC) – Council Directive 93/96/EEC – . .
Cited – Chavez-Vilchez and Others (Union Citizenship – Article 20 TFEU – Access To Social Assistance and Child Benefit Conditional On Right of Residence In A Member State : Judgment) ECJ 10-May-2017
Reference for a preliminary ruling – Union citizenship – Article 20 TFEU – Access to social assistance and child benefit conditional on right of residence in a Member State – Third-country national responsible for the primary day-to-day care of her . .
Cited – Rendon Marin (Judgment : Citizenship Of The Union) ECJ 13-Sep-2016
ECJ (Grand Chamber) Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of a third-country national with a criminal record to reside in a Member . .
Cited – O and S v Maahanmuuttovirasto V L ECJ 6-Dec-2012
ECJ Citizenship of the Union – Article 20 TFEU – Directive 2003/86/EC – Right to family reunification – Union citizens who are minor children living with their mothers, who are third country nationals, in the . .
Cited – Dereci and Others (European Citizenship) ECJ 15-Nov-2011
ECJ Grand Chamber – Citizenship of the Union – Right of residence of nationals of third countries who are family members of Union citizens – Refusal based on the citizen’s failure to exercise the right to freedom . .
Cited – MCB (Area Of Freedom, Security And Justice) ECJ 5-Oct-2010
ECJ Judicial cooperation in civil matters – Matrimonial matters and matters of parental responsibility – The Hague Convention of 25 October 1980 on the civil aspects of international child abduction – Regulation . .
Cited – HC, Regina (on The Application of) v Secretary of State for Work and Pensions SC 15-Nov-2017
This appeal concerns the rights of so-called ‘Zambrano carers’ and their children to financial support from the state. The appellant, an Algerian national married and had children here, but was refused housing after the break up the marriage. HC . .
Cited – Gueye (Police And Judicial Cooperation In Criminal Matters) ECJ 12-May-2011
ECJ Framework Decision 2001/220/JHA – Status of victims in criminal proceedings – Protection of victims – Determination of the sentence – Obligation to issue an accessory penalty of expulsion prohibiting . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 16 May 2022; Ref: scu.645794