[2024] UKUT 00235 (IAC)

From 16 July 2012, provision was made at regulation 15A of the Immigration (European Economic Area) Regulations 2006 for a person to assert a derivative right of residence within the United Kingdom’s domestic legal framework. The Explanatory Memorandum to the Immigration (EEA)(Amendment) Regulations 2012 (SI 2012/1547) stated that the amended Regulations gave effect to recent judgments of the CJEU, although Zambrano was not one of the judgments listed. Further amendment was made to the 2006 Regulations later in 2012, however, and the Explanatory Memorandum to the Immigration (EEA)(Amendment)(No 2) Regulations 2012 made clear that the relevant amendments were designed to give effect to the decision in Zambrano.

From 1 February 2017, the Immigration (EEA) Regulations 2016 made corresponding provision at regulation 16. Those Regulations ceased to have effect, save for certain transitional purposes, on 31 December 2020. The final version of regulation 16 was in force from 28 March 2019 to 30 December 2020. For present purposes, it suffices to note that a person in the appellant’s position was required to show that he was not an “exempt person”; that he was the primary carer of a British citizen who was residing in the UK; and that the British citizen

“… would be unable to reside in the United Kingdom or in another EEA State if the person left the United Kingdom for an indefinite period.”