A recent High Court ruling means that people with leave to remain under the Immigration Rules (or eligible for such leave) as the primary carer of a British citizen, may be able to apply for leave to remain or indefinite leave to remain under the EU Settlement Scheme.

Anyone without status will need to act urgently, and apply before 30 June 2021. Anyone with leave to remain should make the application as soon as possible. Read our guidance note in full below, and, if you think you may be eligible to apply under the EUSS, we strongly advise you to take immediate legal advice.

Download our guidance note

Background

If you do not have EU citizenship, but are the primary carer of a British person living in the UK, you may be a "Zambrano carer".

Until now, the Home Office has blocked many carers from applying for status through the EU Settlement Scheme - the scheme introduced after Brexit to allow EU nationals to apply for the right to stay in the UK.

However, the High Court has recently made a decision in a case called R (Akinsanya) v Secretary of State for the Home Department [2021]. The Court found that Zambrano carers can make an application under the EUSS even if they currently have leave to remain under the Immigration Rules.

That is a big change and means many Zambrano carers are now be eligible to apply to the EU Settlement Scheme. You can find out more about the scheme and what it means for you in our guidance note.

If you are eligible it is best to make an application as soon as possible.

You should apply by 30 June 2021 if you do not currently have leave to remain.