EUSS DERIVATIVE RIGHTS OF RESIDENCE

The EU Settlement Scheme provides a route to immigration status for certain people who were resident in the UK by the end of the Brexit transition period. In some cases, a person may qualify under the Scheme because they have, or previously had, a derivative or Zambrano right to reside.

Derivative and Zambrano rights are legally technical. They do not operate in the same way as ordinary family member applications under the EU Settlement Scheme. They usually depend on the applicant’s relationship with, and care responsibilities for, a child or British citizen, as well as the immigration history of the applicant and the person they care for.

The route is now heavily restricted. Most new Zambrano applications are no longer valid if made after 8 August 2023, unless the applicant falls within a narrow exception. Late derivative rights applications may still be possible in some circumstances, but applicants will need to address both eligibility and the reason why the application was not made by the relevant deadline.

This guide explains who may still be able to apply to the EU Settlement Scheme on the basis of a derivative or Zambrano right of residence, the legal requirements, the evidence required, the late application rules, and the options available if an application is refused or rejected.

1. What Are EUSS Derivative Rights of Residence?

Derivative rights of residence are rights that arise because another person’s rights would be undermined if the applicant were required to leave the UK. They are called “derivative” because the applicant’s right depends on the position of another person, usually a child.

Under the EU Settlement Scheme, derivative rights most commonly relate to the principles known as Chen, Ibrahim and Teixeira rights. Zambrano rights are closely related but treated separately under Appendix EU.

A successful application may result in either pre-settled status or settled status, depending on whether the applicant has completed a qualifying period of residence and meets the other requirements of Appendix EU.

Chen, Ibrahim, Teixeira and Zambrano Rights Explained

A Chen case generally concerns the primary carer of a self-sufficient EEA citizen child in the UK. The question is whether the child would be unable to remain in the UK if the primary carer were required to leave.

Ibrahim and Teixeira cases concern children of EEA citizens who are or were workers or self-employed persons in the UK, where the child is in education. A primary carer of such a child may also have a derivative right if the child would be unable to continue education in the UK without the carer.

A Zambrano case concerns the primary carer of a British citizen, often but not always a British child. The core question is whether the British citizen would in practice be unable to reside in the UK, the EEA or Switzerland if the primary carer were required to leave the UK for an indefinite period.

These rights are fact-sensitive. It is not enough simply to show that the applicant is a parent, grandparent or relative. The applicant must show that the relevant legal test is met, supported by evidence.

Settled Status and Pre-Settled Status Under Appendix EU

Pre-settled status is limited leave to enter or remain. Settled status is indefinite leave to enter or remain.

An applicant who has not yet completed the required qualifying period will usually be considered for pre-settled status, provided the requirements are met. An applicant who has completed a qualifying period of five years, and who satisfies the other requirements of Appendix EU, may qualify for settled status.

Where a person already has pre-settled status under the EU Settlement Scheme, they may be able to apply for settled status once they qualify. However, the applicant must still show that the relevant residence, care, dependency and eligibility requirements are met.

2. Who Can Still Apply on the Basis of a Derivative or Zambrano Right?

The EU Settlement Scheme is no longer an open route for all people who may once have had an EU law-based derivative right of residence. The position depends on the category of application, the date of application, whether the applicant already has EUSS status, and whether they entered the UK with a relevant family permit.

In broad terms, the applicants most likely to need advice are:

• people with pre-settled status based on a derivative or Zambrano right who now wish to apply for settled status;
• people who previously had a derivative or Zambrano right and then moved into another qualifying EUSS category;
• people who may be able to make a late derivative rights application with reasonable grounds for delay;
• people who entered the UK with a relevant EUSS family permit and need to apply before their permit or leave expires, or explain any delay;
• people whose application has been refused or rejected as invalid.

Applicants With Existing Pre-Settled Status

If you already hold pre-settled status under the EU Settlement Scheme as a person with a derivative or Zambrano right, you may be able to apply for settled status once you have completed the relevant qualifying period.

This does not mean that settled status is automatic. You will need to show that you meet the requirements of Appendix EU, including the relevant residence and category requirements. In Zambrano cases, particular care is needed where the applicant has held, or could have held, other immigration leave, because alternative leave can affect whether the Zambrano requirements are met.

Relevant EUSS Family Permit Cases

The Zambrano EUSS family permit route closed to most new applicants at 11:59pm on 8 August 2023.

However, a person who entered the UK with a relevant EUSS family permit as a Zambrano primary carer or dependant may still need to make an EUSS application in the UK. Such an application will normally need to be made before the family permit or related leave expires, unless there are reasonable grounds for delay.

Derivative rights family permit cases can also raise complex timing issues. It is important to identify the type of permit held, the date of entry, the expiry date of the leave, and whether the applicant has continued to meet the substantive requirements.

People Who Previously Had a Derivative or Zambrano Right

Appendix EU recognises that a person may previously have had a derivative or Zambrano right before moving into another qualifying EUSS category. In some cases, that previous period may form part of the qualifying residence relied upon for settled status.

This is a chronology-sensitive assessment. The applicant will need to show when the derivative or Zambrano right existed, when it ceased, what category they moved into, and whether there has been a break in the continuous qualifying period.

3. EUSS Derivative Right to Reside Requirements

Derivative rights under the EU Settlement Scheme are narrow. The most common categories are Chen primary carers, Ibrahim and Teixeira children, primary carers of Ibrahim and Teixeira children, and certain dependants of primary carers.

The requirements differ depending on the category. The applicant must identify the correct category before preparing evidence.

Chen Primary Carer of a Self-Sufficient EEA Child

A Chen application usually concerns a primary carer of an EEA citizen child under the age of 18 who is living in the UK and is self-sufficient.

The applicant must normally show that:

• they are the child’s primary carer;
• the child is an EEA citizen under 18;
• the child is self-sufficient in the UK;
• the child would be unable to remain in the UK if the applicant were required to leave;
• the applicant met the relevant requirements during the qualifying period relied upon.

The child’s self-sufficiency must be evidenced. However, comprehensive sickness insurance is not required for this purpose under the current EUSS derivative rights guidance.

The focus is not simply on whether the applicant provides care. The central question is whether, as a practical matter, the child would be unable to remain in the UK if the primary carer left.

Ibrahim and Teixeira Child in UK Education

An Ibrahim or Teixeira child is a child of an EEA citizen who has a right to continue education in the UK in circumstances connected to the EEA citizen parent’s work or self-employment in the UK.

The child’s position will usually require evidence of:

• the child’s identity and nationality;
• the EEA citizen parent’s identity and nationality;
• the EEA citizen parent’s past or current work or self-employment in the UK;
• the child’s residence in the UK;
• the child’s education in the UK;
• the timing of the relevant residence, employment and education.

This category can be evidence-heavy. School records, employment records, tax records, residence evidence and family documents may all be relevant.

Primary Carer of an Ibrahim or Teixeira Child

A primary carer of an Ibrahim or Teixeira child may qualify where the child would be unable to continue education in the UK if the primary carer were required to leave.

The applicant must show both the child’s underlying Ibrahim or Teixeira position and their own primary-carer role. The practical effect on the child’s education is central. Evidence may need to address who takes the child to school, who makes educational decisions, who attends school meetings, who supports homework and daily routines, and whether another parent or carer could realistically assume responsibility.

Dependant of a Primary Carer

A child under 18 may be able to qualify as the dependant of a primary carer in certain derivative rights cases.

This category is not simply a general family-member route. It depends on the primary carer meeting the relevant derivative rights requirements and on whether the primary carer would be prevented from residing in the UK if the dependant child were required to leave.

Evidence will usually need to address the family unit as a whole, including residence, dependency, care arrangements and the practical consequences of separation.

Exempt Persons and Excluded EEA Decisions

Some applicants cannot rely on a derivative right if they are treated as an exempt person or are subject to certain excluded EEA decisions.

The exempt person rules are technical and can affect applicants who have another right to reside or immigration status. Applicants with current or previous leave under another part of the Immigration Rules, or with an unusual immigration history, should take care before assuming that a derivative rights application is available.

4. EUSS Zambrano Right to Reside Requirements

A Zambrano right concerns the primary carer of a British citizen. In practice, many Zambrano cases involve the non-British parent of a British child, but the category is not limited to parent-child cases.

The Zambrano category is now significantly restricted under the EU Settlement Scheme. Most new Zambrano applications made after 8 August 2023 will be rejected as invalid unless the applicant falls within a narrow exception, such as having existing pre-settled status as a Zambrano applicant or having entered the UK with a relevant EUSS family permit.

Primary Carer of a British Citizen

To qualify as a person with a Zambrano right to reside, the applicant must generally show that:

• they are the primary carer of a British citizen who resides in the UK;
• the British citizen would in practice be unable to reside in the UK, the EEA or Switzerland if the applicant were required to leave the UK for an indefinite period;
• the applicant does not have non-EUSS leave to enter or remain, subject to limited exceptions;
• the applicant is not excluded by specified EEA decision provisions.

The test is practical and fact-sensitive. It is not enough to show that the British citizen would prefer the applicant to remain in the UK, or that family life would be disrupted. The issue is whether the British citizen would in practice be compelled to leave the UK, the EEA and Switzerland if the applicant left.

Where the British citizen is a child, the child’s best interests are highly relevant. However, best interests do not replace the legal test. The application must still show why the British child would be unable to remain in the UK in the applicant’s absence.

Dependant of a Zambrano Primary Carer

A child under 18 may be able to qualify as the dependant of a Zambrano primary carer in limited circumstances.

The applicant must show that the primary carer meets the Zambrano requirements and that the primary carer would be prevented from residing in the UK if the dependant child were required to leave. This involves an assessment of the family’s actual care arrangements and the practical consequences of separation.

The No Alternative Leave Requirement

Zambrano applications often turn on whether the applicant has, or had, another form of leave to enter or remain in the UK.

As a general proposition, a person with leave under another part of the Immigration Rules will not usually be treated as having a Zambrano right for the same period. This can affect applicants who have held leave under Appendix FM, parent-route leave, private life leave or another immigration category.

The timing matters. An applicant who held alternative leave for part of the claimed qualifying period may need careful advice on whether that period can be counted and whether there has been any break in the qualifying period.

EUSS Family Permit Zambrano Cases After 8 August 2023

The EUSS family permit route for Zambrano primary carers closed to new applicants on 8 August 2023.

A person who already entered the UK with a relevant EUSS family permit may still be able to apply under Appendix EU, provided the application is made within the relevant period or there are reasonable grounds for any delay.

Those who did not enter the UK with a relevant permit and do not already have relevant pre-settled status will usually need to consider other immigration routes, such as an application under the family Immigration Rules.

5. What Does Primary Carer Mean Under Appendix EU?

Many derivative and Zambrano applications depend on whether the applicant is a primary carer.

A primary carer is generally a direct relative or legal guardian who has primary responsibility for the person being cared for, or who shares that responsibility equally with one other person. Financial contribution alone is not enough.

Primary Responsibility and Shared Care

Primary responsibility means real responsibility for the person’s care, welfare and day-to-day life. In a child case, this may include decisions about education, health, living arrangements, emotional support, routines and supervision.

Shared care can be sufficient where responsibility is genuinely shared equally with one other person. However, a person who provides occasional help, financial support or contact arrangements will not necessarily be a primary carer.

Where more than one adult is involved in the child’s life, the application must explain clearly who does what, where the child lives, how decisions are made, and what would happen if the applicant were required to leave the UK.

Direct Relatives, Legal Guardians and Evidence

Evidence of primary care may include:

• birth certificates, adoption orders or guardianship documents;
• court orders or parental responsibility agreements;
• school letters and attendance records;
• GP, hospital, social services or local authority records;
• evidence of living arrangements;
• tenancy agreements, bills or official correspondence;
• evidence of financial support, where relevant;
• statements from the applicant, the child, the other parent, teachers, medical professionals or social workers;
• evidence of the other parent’s absence, incapacity, limited involvement or inability to care, where relevant.

The evidence should be organised around the legal test. A large bundle of documents will not assist unless it explains the applicant’s role and the practical consequences if the applicant leaves the UK.

Why Financial Support Alone Is Not Enough

Financial support may be relevant, but it is not enough on its own to establish primary care.

A person who pays rent, bills, school expenses or maintenance may be important to the family, but the legal test requires more. The applicant must show responsibility for care, not merely financial contribution.

Where financial support is part of the factual picture, it should be presented alongside evidence of day-to-day care, decision-making, residence, emotional dependency and practical need.

6. Continuous Qualifying Period and Eligibility for Settled Status

A person with a derivative or Zambrano right may be able to qualify for settled status if they have completed a continuous qualifying period of five years and meet the other requirements of Appendix EU.

The analysis can be complicated because the applicant may have moved between different EUSS categories or held other immigration leave.

Five Years’ Residence as a Derivative or Zambrano Applicant

To qualify for settled status, the applicant must generally show that they completed a five-year continuous qualifying period in a category recognised by Appendix EU.

For derivative rights applicants, this may involve showing that the relevant Chen, Ibrahim or Teixeira requirements were met throughout the period relied upon.

For Zambrano applicants, particular care is needed where the applicant held alternative leave during the period. Alternative leave may prevent a period from counting as Zambrano residence.

Periods That Can and Cannot Be Counted

An applicant may need to show:

• when the relevant derivative or Zambrano right began;
• whether the right existed before the end of the Brexit transition period or other relevant specified date;
• whether the right continued at the relevant date;
• whether any alternative immigration leave affected the qualifying period;
• whether there were absences that interrupted continuity;
• whether there has been any supervening event.

The correct approach depends on the applicant’s category and immigration history. Chronology is often decisive.

Switching From Pre-Settled Status to Settled Status

A person with pre-settled status should not assume that settled status will be granted automatically. The application should show that the person has completed the relevant qualifying period and continues to meet the applicable Appendix EU requirements.

Applicants should prepare a clear residence chronology and evidence schedule. In derivative and Zambrano cases, it is usually necessary to evidence both residence and the continuing care, dependency or education-based facts on which the status depends.

7. Late EUSS Derivative Rights Applications

Many EUSS derivative rights applications now raise late application issues. A late application must address validity before the Home Office considers whether the applicant meets the substantive eligibility requirements.

The relevant deadline depends on the category. For many EUSS cases, the original deadline was 30 June 2021. In some Zambrano cases, the relevant date was 8 August 2023. In family permit cases, the relevant date may be linked to the expiry of the permit or associated leave.

Required Date and Reasonable Grounds for Delay

A late application must be made by the “required date” or be supported by reasonable grounds for delay.

Reasonable grounds must usually explain the whole period of delay. The longer the delay, the more difficult it may be to satisfy the requirement. A brief statement that the applicant did not know about the Scheme will rarely be sufficient unless supported by a compelling explanation and evidence.

Potential reasonable grounds may include serious medical issues, lack of capacity, safeguarding concerns, domestic abuse, care responsibilities, age, or other compelling practical or compassionate circumstances. The strength of the explanation and the supporting evidence will be critical.

Evidence Needed for a Late Application

A late application should include evidence explaining why the application was not made on time. Depending on the facts, this may include:

• medical evidence;
• social services records;
• school or local authority correspondence;
• evidence of homelessness, exploitation or abuse;
• evidence of lack of capacity or dependency;
• correspondence showing attempts to obtain advice or apply;
• evidence of the applicant’s age, vulnerability or family circumstances;
• a detailed witness statement addressing the period of delay.

The explanation should be chronological. It should identify the deadline, explain why it was missed, and account for the period from the missed deadline to the eventual application.

Further Applications After Refusal or Invalidity

A further EUSS application after refusal or invalidity is not always straightforward.

If an earlier application was rejected as invalid because the applicant did not provide evidence of reasonable grounds for delay, there may be scope to make a further application with additional evidence. If an application was refused after substantive consideration, a further late application may be difficult unless there is a specific reason why a further application is available.

Applicants should not assume that a fresh application is always possible. Nor should they assume that an appeal is always the only option. The correct route will depend on the wording of the decision, whether the application was valid, the appeal rights given, the timing, and any new evidence.

8. How to Apply for EUSS Derivative Rights of Residence

Many derivative and Zambrano applications cannot be made using the standard online EU Settlement Scheme application process. A paper application form may be required.

Applicants should ensure that they use the correct and current application process for their category. Sending the wrong form, omitting identity evidence, failing to enrol biometrics, or failing to explain a late application can result in the application being rejected as invalid.

Paper Application Forms and Biometrics

Where a paper application is required, the applicant will usually need to request the correct form and submit it with supporting evidence. The application must be made in the required manner.

Applicants may also need to provide biometrics, unless an exception applies. Failure to comply with biometric requirements can affect validity.

A Certificate of Application will only normally be issued once the application has been accepted as valid. A rejected invalid application may therefore leave the applicant without the temporary protection that follows from a valid EUSS application.

Proving Identity, Nationality and Entitlement to Apply

The application must include evidence of identity and nationality. This will usually be a valid passport or national identity document, but alternative evidence may be considered in limited circumstances.

In derivative and Zambrano cases, the applicant must also prove the identity and nationality of the relevant child, British citizen, EEA citizen parent or other person on whom the application depends.

Documents should be legible, complete and consistent. Any discrepancy in names, dates of birth, nationality, parental responsibility or family relationship should be explained.

Evidence of Residence, Care and Dependency

The supporting evidence should address the relevant legal requirements. Depending on the case, this may include evidence of:

• UK residence by the applicant;
• UK residence by the child or British citizen;
• the child’s education in the UK;
• the EEA parent’s work or self-employment in the UK;
• the child’s self-sufficiency;
• the applicant’s primary care role;
• the practical consequences if the applicant left the UK;
• dependency within the family unit;
• the absence or limited involvement of another parent or carer;
• any alternative immigration leave held by the applicant.

The best applications present the evidence in a structured way, with a clear explanation of how each document relates to the legal test.

9. Common Reasons EUSS Derivative Rights Applications Are Refused

Derivative and Zambrano applications are often refused because the evidence does not address the specific legal test.

A general family-life case is not the same as a derivative rights case. The application must show why the legal requirements of Appendix EU are met.

Alternative Leave or Exempt Person Issues

Zambrano applications can fail where the applicant has, or had, leave to enter or remain under another part of the Immigration Rules. Derivative rights applications can also be affected by exempt person issues.

Applicants should therefore provide a complete immigration history. This should include visas, extensions, periods of overstaying, pending applications, appeals, administrative reviews, and any EUSS status held by the applicant.

Insufficient Evidence of Primary Care

A common reason for refusal is insufficient evidence that the applicant is the primary carer.

It may not be enough to show that the applicant is a parent or relative. The evidence must show real responsibility for the child or British citizen and explain why the person being cared for could not remain in the UK without the applicant.

Child Can Remain or Continue Education in the UK

In Chen cases, the issue may be whether the EEA child would be unable to remain in the UK without the applicant.

In Ibrahim and Teixeira cases, the issue may be whether the child would be unable to continue education in the UK without the applicant.

If another parent, guardian or carer could realistically care for the child in the UK, the application may be refused unless the evidence explains why that is not a practical or realistic option.

Late Application Rejected as Invalid

A late application may be rejected as invalid if the applicant does not provide a sufficient explanation for missing the required date.

This is different from a refusal on eligibility. If the application is rejected as invalid, the Home Office may not go on to consider the substantive derivative or Zambrano requirements.

Suitability and Public Policy Issues

Applications can also be refused on suitability grounds, including criminality, deception, exclusion or public policy concerns.

Applicants with criminal convictions, adverse immigration history, previous removal decisions, exclusion decisions or allegations of deception should seek advice before applying.

10. Appeals, Administrative Review and Judicial Review After an EUSS Refusal

The remedy available after an EUSS decision depends on the type of decision, the date of decision, whether the application was valid, and the grounds on which it was refused or rejected.

It is important to read the decision notice carefully.

Appealing an EUSS Refusal or Status Decision

A person who made a valid EUSS application may have a right of appeal if the application is refused on eligibility or suitability grounds. A person granted pre-settled status may also have a right of appeal if they say they met the requirements for settled status.

An appeal is usually brought before the First-tier Tribunal. The appeal may involve legal argument, witness evidence and documentary evidence. In derivative and Zambrano cases, the tribunal will often need to consider detailed evidence about residence, care arrangements, dependency, education and the practical consequences of removal.

Appeal deadlines are strict. Applicants should take advice promptly after receiving a refusal.

Historic Administrative Reviews Only

Administrative review is no longer available for current EUSS decisions.

It may still be relevant only in historic cases where an administrative review was validly made under the previous system and remains relevant to the person’s immigration history. Applicants should not assume that they can now choose administrative review instead of an appeal.

Judicial Review Where No Statutory Appeal Is Available

Judicial review may be relevant where there is no statutory appeal right, where an application has been rejected as invalid, or where the issue concerns the lawfulness of the decision-making process.

Judicial review is not a merits appeal. The court generally considers whether the decision was lawful, procedurally fair and rational, rather than simply substituting its own view of the facts. In some cases, a further application with better evidence may be more appropriate than judicial review. In other cases, judicial review may be necessary to challenge an unlawful invalidity decision or a failure to apply the correct legal test.

11. Entering the UK as a Primary Carer of a British Citizen

A person outside the UK who wishes to enter as the primary carer of a British citizen will usually need to consider routes under the Immigration Rules rather than the EU Settlement Scheme.

The Zambrano EUSS family permit route closed to most new applicants on 8 August 2023. This means that a person who has not already entered with a relevant EUSS family permit and does not already hold relevant pre-settled status will usually need to consider another route.

Closure of the Zambrano EUSS Family Permit Route

The closure of the Zambrano EUSS family permit route is particularly important for parents of British children outside the UK.

A parent may have a strong family-life case, but that does not necessarily mean they can apply under the EUSS as a Zambrano primary carer. The correct route may instead be an application under Appendix FM, a parent of a child application, a child application, or a human rights application.

Family Immigration Rules and Other Alternatives

Possible alternatives may include:

• Parent of a Child Visa applications;
• partner or spouse applications under Appendix FM;
• child applications;
• private life applications;
• applications based on exceptional circumstances or human rights;
• appeals or human rights representations following refusal.

The requirements, fees, processing times, evidential expectations and settlement periods differ from the EU Settlement Scheme. It is therefore important to identify the correct route before applying.

12. Frequently Asked Questions: EUSS Derivative Rights of Residence

Can I Still Apply to the EU Settlement Scheme With a Derivative Right of Residence?

Possibly, but the route is limited. You will need to show that you fall within a recognised derivative rights category, that the relevant residence and care requirements are met, and that the application is valid. If the application is late, you will also need to show reasonable grounds for the delay.

Can Zambrano Primary Carers Still Apply to the EU Settlement Scheme?

Most new Zambrano applications made after 8 August 2023 are no longer valid. Limited exceptions may apply, including where the applicant already has relevant pre-settled status or entered the UK with a relevant EUSS family permit and applies within the required period or with reasonable grounds for delay.

What Is a Chen Derivative Right of Residence?

A Chen derivative right generally concerns the primary carer of a self-sufficient EEA citizen child under 18 in the UK. The applicant must show that the child would be unable to remain in the UK if the primary carer were required to leave. The application must be supported by evidence of care, residence and self-sufficiency.

What Are Ibrahim and Teixeira Rights?

Ibrahim and Teixeira rights concern children of EEA citizens who are, or were, workers or self-employed persons in the UK, where the child is in education. A primary carer may also qualify where the child would be unable to continue education in the UK if the carer were required to leave.

Can Time With a Derivative or Zambrano Right Count Towards Settled Status?

In some cases, yes. Time spent with a derivative or Zambrano right may count towards settled status if it forms part of a continuous qualifying period recognised by Appendix EU. The applicant must show that the relevant requirements were met throughout the period relied upon and that there has been no disqualifying break.

Do Chen Applicants Need Comprehensive Sickness Insurance?

Comprehensive sickness insurance is not required for Chen primary carer applications under the current EU Settlement Scheme derivative rights guidance. However, the applicant must still show that the EEA citizen child is self-sufficient and that the other requirements of the Chen category are met.

Can I Make a Late EUSS Derivative Rights Application?

A late application may be possible if you can show reasonable grounds for not applying by the required date. The explanation must usually cover the whole period of delay. The longer the delay, the stronger the evidence is likely to need to be.

Can I Make a Further EUSS Application After Refusal?

A further application may be possible in limited circumstances, particularly where an earlier application was rejected as invalid and further evidence is now available. However, a further late application after a substantive refusal may be difficult. The correct option may be an appeal, judicial review or a carefully prepared new application, depending on the decision.

Is Administrative Review Available for an EUSS Refusal?

Administrative review is no longer available for current EUSS decisions. Applicants who receive a refusal should check whether they have a right of appeal. Where there is no appeal right, judicial review or a further application may need to be considered.

What Evidence Is Needed to Prove Primary Care?

Evidence may include birth certificates, court orders, school letters, medical records, proof of residence, correspondence with public bodies, witness statements and evidence of daily care. The evidence should show who is responsible for the person’s care and why that person would be unable to remain in the UK without the applicant.

What if I Already Have Leave Under Appendix FM or Another Immigration Route?

Existing or previous leave under another immigration route can affect a Zambrano application and may affect whether the relevant period can be counted. Applicants should prepare a complete immigration chronology before applying. In some cases, a family or human rights route may be more appropriate than an EUSS application.

Can I Enter the UK as a Zambrano Primary Carer After 8 August 2023?

In most cases, no. The EUSS family permit route for Zambrano primary carers closed to most new applicants on 8 August 2023. A person outside the UK who wishes to live with or care for a British citizen will usually need to consider the family Immigration Rules or another appropriate route.