Thomas Roe QC and Rowan Pennington-Benton appear today in the UK Supreme Court, in an important appeal concerning the rights of EU citizens to retain the care of their non-EU family members. The Court is hearing argument on the scope of the Zambrano principle, and the right to freely move and reside under EU Law. In particular, when will the proposed removal of a third-country-national carer mean, in practice, that the EU cared-for person will be compelled to leave with their carer and therefore give up their right to live in the UK/EU? When does a really hard choice crystallise into compulsion?
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April 12, 2021