All Articles: Zambrano

Supreme Court rejects a right to non-contributory benefits for Zambrano carers

In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible for non-contributory benefits which have a “right to reside” test. The benefits affected by the decision ...

17th November 2017 By

New CJEU case extends Zambrano rights of residence, emphasises best interests of children

In a new case, Chavez-Vilchez and Others v Netherlands C-133/15, the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office and UK courts. The case offers far better guidanc ...

16th May 2017 By

EU derived rights of residence not automatically lost if crime is committed

In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case m ...

3rd October 2016 By

New Zambrano case: Good news and bad news for Zambrano carers

Court of Appeal rules that the Zambrano status arises immediately and there is no need to show destitution. However, Zambrano carers have no entitlement to mainstream social assistance following the amendment to the habitual residence test in November ...

10th February 2015 By

Whither Zambrano?

One day, some day, the Immigration (European Economic Area) Regulations 2006 will finally be amended to reflect the UK Border Agency understanding of Zambrano. Until then we will all continue to struggle both on a practical and conceptual level. Zambr ...

28th June 2012 By

After Zambrano and McCarthy, we now have Dereci…

On 15th November 2011, the Court of Justice of the European Union (‘the CJEU’) handed down its judgment in the case of Dereci (C-256/11).  This was a much awaited judgment after the ‘Zambrano and Article 20’ revolution was dampene ...

23rd January 2012 By

McCarthy judgment available

[UPDATED] The hotly anticipated (er, by EC law geeks and the parties mainly) judgment in McCarthy v United Kingdom (Case C-434/09) is now out. The appeal was dismissed: dual nationals living in a country of their nationality who have never exercised ...

5th May 2011 By

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