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Forum Home  →  Discussion  →  Residence issues  →  Thread

Zambrano carers and Settled Status

Rebecca Lough
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Welfare rights - Greenwich Council

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Total Posts: 222

Joined: 23 November 2018

Hello

Going round in circles trying to understand where the EU settlement scheme leaves Zambrano carers. Does a Zambrano carer with settled status mean they can claim benefits or does the Zambrano status supercede the settled status and mean they can’t?

What about those who get pre-settled status but can evidence that they would have a valid right to reside - my current understanding is that they can’t qualify.

Thank you

Elliot Kent
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Shelter

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Joined: 14 July 2014

I have a short answer and a longer answer.


The short answer is that if somebody has settled status, that’s the end of the story. They have indefinite leave to remain and can get over the right to reside requirement for any benefit. You don’t need to concern yourself with how or why they have that status.

In relation to pre-settled status, this on its own is not enough to get over the right to reside requirement*. However the claimant may have some other right (e.g. as a worker) which they can still rely on.. So the position for this group is essentially the same as it was before Brexit.


The longer answer is that the various right to reside regulations have a list of types of right to reside which are ignored for the purposes of that benefit. So for example in reg 9(3) UC Regs, the list includes the right to reside of a jobseeker, a Zambrano carer and somebody with pre-settled status. If you only have a right to reside on that list, then you can’t qualify for benefit.

Somebody in your first example may well have the right to reside as a Zambrano carer - which is ignored - but at the same time they also have a right to reside on the basis of having been granted ILR. As a result it is not right to say this person only has a right to reside on Zambrano grounds so they are not excluded from UC.

In the same way, somebody may well have pre-settled status but also be a worker. They have a right to reside because they have pre-settled status - which is ignored - but they also have a right to reside as a worker. Pre-settled status is not their only basis for having a right to reside, so they are no excluded from UC.


*However see https://www.rightsnet.org.uk/forums/viewthread/15988/