Question to the Home Office:

To ask the Secretary of State for the Home Department, what advice has been given to Zambrano carers following the rulings in Chen v Home Secretary and Maria Teixeira v London Borough of Lambeth and Home Secretary in the context of (a) the UK's withdrawal from the EU and (b) the UK leaving the EU without a deal.

In a deal scenario, provision will be made in the Immigration Rules for a non-EU citizen who is resident in the UK as the primary carer of a British citizen, and who currently derives a right of residence from wider EU law (a Zambrano carer), as set out in paragraph 6.12 of the Statement of Intent on the EU Settlement Scheme (published on 21 June 2018). Further de-tails will be provided shortly on the new status which will be available to Zambrano carers in both a ‘deal’ and ‘no deal’ scenario.

Paragraph 6.12 of the Statement of Intent also set out that, in a ‘deal’ scenario, non-EU citizen family members of British citizens who are lawfully resident in the UK by the end of the implementation period on 31 December 2020, by virtue of regulation 9 of the EEA Regulations (the ‘Surinder Singh’ route), will be eligible to apply for status under the EU Settlement Scheme. Further details will be provided shortly on the immigration status of family members of British citizens returning from the EU in both a ‘deal’ and ‘no deal’ scenario.