On 07 March 2019, the Home Office has announced changes to Appendix EU, which contains detailed rules on settled status for EU citizens.
It is important that Zambrano carers and other non-EU citizens with “derivative” rights will definitely be able to apply for settled status.
Non-EU countries added on the list
It is noted that citizens of Norway, Iceland, Liechtenstein and Switzerland (which are all non-EU countries) have been promised that their rights will be protected after Brexit.
The statement of changes which was announced on 07 March 2019, duly changes Appendix EU so that citizens of these countries can register to the Settlement Scheme.
Surinder Singh families (British citizens seeking to be reunited with their family members)
Non-EU Surinder Singh family members will be able to apply for settled status too. The below paragraph seems to be added to Appendix EU:
The applicant was, for any period of residence as a family member of
a qualifying British citizen relied upon under sub-paragraph (b), in the
UK lawfully by virtue of regulation 9(1) to (6) of the EEA Regulations
(regardless of whether in the UK the qualifying British citizen was a
qualified person under regulation 6 of the EEA Regulations).
This includes extended family members who rely on the Surinder Singh route as per the Banger judgment.
Lounes cases
The Court of Justice of the E European Union held in Lounes case that EU citizens retain free movement rights after naturalisation in their host state. The statement of changes accordingly brings “relevant naturalised British citizens” into the zone of the Settlement Scheme.
Zambrano, Chen and Ibrahim/Teixeira carers
These are non-EU citizens who the European Commission did not influence, but who are affected directly by Brexit because their right to be in the UK relies solely on EU law. Under the new scheme, these applicants will have the right to apply for the Settlement Scheme.
It appears that these carers will be eligible for the full settled status unless there are no further changes in the rules. The new Appendix EU refers to:
Persons eligible for indefinite leave to enter or remain as a relevant EEA citizen or their family member, or as a person with a derivative right to reside or with a Zambrano right to reside.
The carers under Zambrano, Chen and Ibrahim/Teixeira cases will be submitting their application on a paper application form. The remaining applicants under other categories, however, will submit their application electronically unless a paper application is “approved on an individual basis in light of the exceptional circumstances of the case”. These exceptional circumstances are yet undefined.
