R (Akinsanya) v Secretary of State for the Home Department

Subject Matter

EUROPEAN UNION — Right to reside — Citizenship — Third-country national parent of United Kingdom citizen child granted limited leave to remain in United Kingdom — Whether grant of limited leave to remain excluding parent from entitlement to reside in United Kingdom as matter of European Union law — Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 16(7)(c)(iv) — Immigration Rules, Appendix EU, Annex 1

[2021] EWHC 1535 (Admin); [2021] 1 WLR 5454; [2021] WLR(D) 335, QBD

EUROPEAN UNION — Right to reside — Citizenship — Third-country national carer of British citizen child granted limited leave to remain in United Kingdom — Whether grant of limited leave to remain excluding carer from European Union law right to reside in United Kingdom — Whether excluding parent from applying for right to reside under domestic regulations giving effect to European Union law — Immigration (European Economic Area) Regulations 2016 (SI 2016/1052), reg 16 — Immigration Rules, Appendix EU, Annex 1

[2022] EWCA Civ 37; [2022] QB 482; [2022] 2 WLR 681; [2022] WLR(D) 39, CA

Appellate History

Commentary

Free Movement
High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful Case comment

Briefing: to Zambrano or not to Zambrano? Case comment

Latest on Zambrano carers and the EU Settlement Scheme Case comment

Uncertainty persists for Zambrano carers following Court of Appeal ruling Case comment

No change to settlement rules for Zambrano carers despite Akinsanya judgment Case comment