Effect of BREXIT on Zambrano Carers

by | Jan 22, 2019 | General | 0 comments

As it stands, we are continuing to submit applications under the Zambrano route but of course, no one really knows how Brexit will impact Zambrano carers. It is of course natural to be concerned about your rights post Brexit since the draft EU position for negotiating acquired rights does not appear to cover DRR (Zambrano) carers. However, from the UK’s perspective, the case law concerns non-EU parents of UK citizens who have not moved within the EU meaning no free movement rights have been acquired. This is more of an issue concerning EU citizenship rights which will not necessarily be lost when the UK ceases to be a Member State, since citizenship of the EU is defined as deriving from the nationality of a Member State. Obviously, from a practical and human rights point of view, any loss of legal status could damage or even tear up the family and cause serious harm to the lives of the children involved. We therefore feel that Zambrano carers should be afforded some protection in the Brexit talks and if not, by National law.R