Court of Appeal case considering derivative right to reside as primary carer of parent

MS (Malaysia) v Secretary of State for the Home Department [2019] EWCA Civ 580 -

This appeal raises the question of whether the adult primary carer of her EU citizen parent can acquire a derivative right to remain in the United Kingdom based on her parent’s dependency on her for her care. The appeal turns on the application of Regulation 15A(4A) of the Immigration (European Economic Area) Regulations 2006 which seeks to give effect to the jurisprudence of the Court of Justice of the European Union explained in Case C-34/09 Ruiz Zambrano v Office National de l’Emploi [2012] QB 265 and subsequent cases.