Non-EU citizens who are the primary carer of a British citizen could have a right to reside in the United Kingdom under European Union law, based on the judgment in case C-34/09 Zambrano. A spokesman for a campaign group said that these Zambrano carers are “usually single mothers who have small British children that are fleeing domestic violence”, and that they are often poor and extremely vulnerable.
Zambrano carers didn’t have a route to UK settlement UK before the EU Settlement Scheme began, so immigration lawyers welcomed the ability to use it. But the Home Office now insists that potential Zambrano carers must have already made an attempt to stay in the UK through the normal immigration system before relying on these rights. Critics say that this has the potential to shut many carers out of the Settlement Scheme.
The new figures also confirm reports that there is a backlog in specialised applications. Since August of 2018 there were 7,200 applications invoking the Zambrano, Surinder Singh, Lounes, Chen ort Ibrahim/Teixeira cases, all of which need a paper application form rather than the online process. Of these, only 2,900 had been determined at the end of June 2020. In total there have been 3.4 million statuses granted under the Settlement Scheme. 50,000 have been refused, deemed to be void or invalid, or withdrawn.
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