What is a Zambrano carer?

A Zambrano carer is a person who, on 31 December 2020, had a right to reside in the UK as the primary carer of a British citizen, because that citizen would otherwise have been compelled to leave the UK and the EU. The EU Settlement Scheme route for them is now closed to most new applicants.

How Zambrano carer status works

A Zambrano carer is a direct relative or legal guardian who, at the end of the transition period on 31 December 2020, had a right to reside in the UK as the primary carer of a British citizen. The right existed because, without it, the British citizen would have been compelled to leave the UK and the EU.^{[2]Home Office, EU Settlement Scheme: Zambrano primary carers}

These carers did not have a right under EU law to acquire permanent resident status in the UK, and they are not covered by the Citizens’ Rights Agreements. The Home Office included them in the EU Settlement Scheme from 1 May 2019 as more generous national provision.^{[2]Home Office, EU Settlement Scheme: Zambrano primary carers} You can read about the scheme on our EU Settlement Scheme page.

In June 2022 the Home Office published its position after the Court of Appeal judgment in the case of Akinsanya. It said applications would be considered under the existing rules for the scheme in Appendix EU. Applicants are eligible where, by the end of the transition period and during the relevant period relied on, they met the relevant requirements of regulation 16 of the 2016 Regulations and did not have leave to enter or remain in the UK, unless that leave was under the EU Settlement Scheme.^{[2]Home Office, EU Settlement Scheme: Zambrano primary carers}

The Home Office guidance explains what a primary carer is. You must be responsible for the person’s day to day care, including decisions about their education, health and finances. You must also be their parent or legal guardian, grandparent, brother or sister, spouse or civil partner, child or grandchild. You can share these responsibilities with someone else.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

Who can still apply

The position has changed. GOV.UK now says that for most people you can no longer apply as a primary carer of a British citizen, which it calls a ‘Zambrano’ application. If you applied before 9 August 2023, your application is still considered. There are some other cases where you can still apply.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

A decision letter for a family permit says whether it is a ‘specified EEA family permit case’. If your family permit has expired, you need to show ‘reasonable grounds’ for the delay in applying.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

Anyone who applies needs proof of their identity, continuous residence and relationship to the British citizen, and of the British citizen’s identity and continuous residence. They also need proof of three things. The British citizen was living in the UK by 31 December 2020. You were their primary carer by that date. They would not be able to live in the UK or in the EU, Switzerland, Norway, Iceland or Liechtenstein if you left the UK indefinitely.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

You apply by contacting the EU Settlement Scheme team at UK Visas and Immigration, known as the Resolution Centre. If you are eligible you receive a form with a unique reference number, which you must use and send back by post. You cannot use the online service to apply.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

People with pre-settled status are usually eligible for settled status once they have lived in the UK for 5 years in a row. It is free to apply.^{[3]Home Office, Apply to the EU Settlement Scheme (settled and pre-settled status)} This is the general rule for the scheme. GOV.UK says you can apply to switch to settled status if you already have pre-settled status as a Zambrano applicant.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen} For the difference between the two, see settled and pre-settled status.

If you cannot apply for pre-settled or settled status, GOV.UK says you might be able to apply for a family visa to live with a family member in the UK for more than 6 months. We cover these on our family and partner visas page.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

Example

Ana is a grandmother who has looked after her British grandson since 2019. She holds pre-settled status as a Zambrano applicant. GOV.UK says she can apply to switch to settled status. As a general rule, people with pre-settled status are usually eligible once they have lived in the UK for 5 years in a row.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen[3]Home Office, Apply to the EU Settlement Scheme (settled and pre-settled status)}

Daniel cared for a British child before the end of 2020. He never applied to the scheme, has no pre-settled status and did not enter with a family permit. GOV.UK says that for most people in his position, a Zambrano application is no longer possible. The page says he might be able to apply for a family visa to live with a family member in the UK.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

What people get wrong

Many people still think the Zambrano route is open to new applicants. GOV.UK says that for most people it is not. Applications made before 9 August 2023 are still considered, and a limited number of other cases can still apply.

A second mistake is to assume other permission does no harm. A person who entered with an EU Settlement Scheme family permit must have had no other type of permission to stay in the UK since they entered.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen} The Home Office’s rule for the scheme also keeps the requirement that the applicant did not have leave to enter or remain during the relevant period, unless it was under the scheme.^{[2]Home Office, EU Settlement Scheme: Zambrano primary carers}

A third mistake is about the carer role. Being a relative is not enough. The carer must be responsible for day to day care and decisions, and must show that the British citizen could not live in the UK or the EU if the carer left the UK indefinitely.^{[1]Home Office, EU Settlement Scheme: Applying if you're the family member or primary carer of a British citizen}

The bottom line

A Zambrano carer is a person who, at the end of 2020, cared for a British citizen who would have had to leave the UK and the EU without them. The route into the EU Settlement Scheme is now closed to most new applicants. Earlier applicants, people with pre-settled status and some family permit holders can still use it. Those who cannot may be able to look at a family visa.