Is the Zambrano principle applicable post-Brexit?

The Zambrano principle was established by the European Court of Justice (ECJ) in a case called Ruiz Zambrano v Office national de l’emploi. The principle stated that EU citizens who had dependent non-EU family members in their country of origin had the right to reside in any EU member state in order to avoid being separated from their family.

After the UK left the European Union on January 31st, 2020, the applicability of the Zambrano principle in the UK is uncertain. The Withdrawal Agreement reached between the UK and the EU provides for a transition period until December 31st, 2020, during which the UK continues to be subject to EU law. During this period, the Zambrano principle would continue to apply in the UK.

However, after the transition period ended on December 31st, 2020, the Zambrano principle is no longer directly applicable in the UK. The UK has now established its own immigration system, separate from the EU, and the rights and responsibilities of EU citizens and their non-EU family members are determined by UK law.

It’s worth noting that the UK has committed to continuing to provide a high level of protection for the rights of EU citizens and their family members through the UK Immigration Rules. The UK has also introduced a new immigration category, the “European Temporary Leave to Remain,” which allows certain EU citizens and their family members to continue living in the UK after December 31st, 2020.

In conclusion, the Zambrano principle is no longer directly applicable in the UK post-Brexit. The UK has established its own immigration system and the rights of EU citizens and their non-EU family members are determined by UK law. The UK has committed to providing a high level of protection for their rights, but it is important to check the specific details of UK Immigration Rules and regulations in order to determine eligibility and the process for applying.

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