Carer for 87-year-old British woman allowed to stay in the UK after Zambrano appeal
An adult primary carer of an British citizen can acquire a derivative right to reside under EU law, the Court of Appeal has said in MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580 . (...) The court reviewed various Zambrano -esque authorities from the Court of Justice of the European Union, all of which pointed to the same legal test: that it would be unlawful to refuse a right to reside to the primary carer where the British citizen would have to leave the EU and thereby lose the rights that flow from their EU nationality. That is a high test, as the court noted when referring to the Court of Justice opinion in C-82/16 K.A. v Belgium : (...) A common tactic in these cases is for the Home Office to argue that social services could provide care. That argument, of course, ignores the strong cultural, religious and quality of care arguments which arise frequently. Lord Justice Underhill ended with a very useful paragraph about the ad...