January 2013 Zambrano Beneficiary not a Person From Abroad

P was a Jamaican national who arrived in the UK in 2002 and overstayed her visitor’s visa.  She had 2 British citizen children and she was their primary and sole carer.  She became homeless and applied for housing from Southwark LBC, who decided that she was ineligible for assistance as she was a person from abroad.

The Court of Appeal held that P was a Zambrano beneficiary because she was the sole and prmary carer of her British citizen children and if she was not given a right of residence, her British children would have to leave the EU.  As a person entitled to an EU right of residence, she was not a person subject to immigration control and P was therefore eligible for homelessness assistance.

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