Zambrano ECJ ruling in UK

[Brown212]

When will UK give response or comment on this ruling, Ireland has started issuing Residence permit to non EU parent of Irish Children, based on Zambrano judgement. Congrads to all! The first Stam4 based on the Zambrano case was issued by GNIB at 12.04.11. So, every Irish born child parent on Stamp1 can upgrade their stamp to stamp4 in GNIB. If you go there don't forget to bring with you the following links printed to avoid attempts of vawing you off by immigration officer.

http://www.inis.gov.ie/en/INIS/Pages/Stamps
http://www.deti.ie/labour/workpermit...otrequired.htm
http://www.immigrantcouncil.ie/image...ation_Note.pdf

[Directive/2004/38/EC]

When will UK give response or comment on this ruling

If you need to take advantage of the ruling, then submit an application along with a cover letter which explains why you are covered by the Zambrano ECJ ruling.

UKBA is not required to "give a response or comment". They are just required to follow the law.

[howlong]

Does the zambrano case apply only to british child in UK or including also EU child in UK?

[leonex4t5]

On those grounds, the Court (Grand Chamber) hereby rules:

(Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen)

Clearly it states that based on the zambrano's case, the court ruled through interpreting article 20 of TFEU, that it precludes(ie Prevents) a member state(ie European Countries under EEA, eg UK, belgium) from refusing a third country national(ie Mr and Mrs Zambrano) upon whom his minor children(Zambrano belgian kids) who are EUROPEAN UNION CITIZENS(howlong to answer your question it applies to EU Citizens).

thanks.

[howlong]

On those grounds, the Court (Grand Chamber) hereby rules:

(Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen)

Clearly it states that based on the zambrano's case, the court ruled through interpreting article 20 of TFEU, that it precludes(ie Prevents) a member state(ie European Countries under EEA, eg UK, belgium) from refusing a third country national(ie Mr and Mrs Zambrano) upon whom his minor children(Zambrano belgian kids) who are EUROPEAN UNION CITIZENS(howlong to answer your question it applies to EU Citizens).

thanks.

Thank you for your reply.

[geriatrix]

I am sure this will be subject to legal interpretation / challenge, but the text highlighted below is also key and should not be disregarded (for now at least).

Article 20 TFEU is to be interpreted as meaning that it precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.

Ireland, for example, makes it clear in its policy that non-EU parents of "Irish children" benefit from the ruling. I suspect the other EU states to follow the same interpretation.

[leonex4t5]

Sushdmehta, i quite agree with you, and really it will be subject to legal interpretation and challenges. because this ruling opens up loads of arguement, example, zambrano first child is colombian and due to his siblings being EU national, a right of residence was granted to zambranos first child, does dat mean the ruling would favor siblings of a minor who is bristish? and also in uk wat sort of LR would be issued, because some say resident card(5yrs) and clearly in the proceedings, it states in paragraph 39 that:
( It should be observed at the outset that, under Article 3(1) of Directive 2004/38, entitled ‘eneficiaries’, that directive applies to ‘all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members …’. Therefore, that directive does not apply to a situation such as that at issue in the main proceedings).


and a resident card in the uk can only be issue if you qualify under the directive 2004/38.
Some say Discretionary Leave, i personally disgreed with that because DL once granted and only be reviewed after the length of the Leave, and from previous experience, even when circumstances change before the DL finishes it doesnt matter because review is always done at the end of the leave, so once DL is given based on zambrano and then you decide not to be in ur childs life, DL can not be revoked, until the end of the Leave.

so really, i have been tring to get my head around this, i am an overstayer i have a patner and a one month old daughter both are british national, although i have a hearing at the high court for unlawful dentention(i was detained for 9days unlawfully) and also error of law by the HO to reject my article 8 claim. i have also put in and application on zambrano's ruling using EEA2 form and a cover letter(4weeks ago), no response from HO till now.

i would appreciate any addition, comment, etc,
thanks.

[howlong]

Sushdmehta, i quite agree with you, and really it will be subject to legal interpretation and challenges. because this ruling opens up loads of arguement, example, zambrano first child is colombian and due to his siblings being EU national, a right of residence was granted to zambranos first child, does dat mean the ruling would favor siblings of a minor who is bristish? and also in uk wat sort of LR would be issued, because some say resident card(5yrs) and clearly in the proceedings, it states in paragraph 39 that:
( It should be observed at the outset that, under Article 3(1) of Directive 2004/38, entitled ‘eneficiaries’, that directive applies to ‘all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members …’. Therefore, that directive does not apply to a situation such as that at issue in the main proceedings).


and a resident card in the uk can only be issue if you qualify under the directive 2004/38.
Some say Discretionary Leave, i personally disgreed with that because DL once granted and only be reviewed after the length of the Leave, and from previous experience, even when circumstances change before the DL finishes it doesnt matter because review is always done at the end of the leave, so once DL is given based on zambrano and then you decide not to be in ur childs life, DL can not be revoked, until the end of the Leave.

so really, i have been tring to get my head around this, i am an overstayer i have a patner and a one month old daughter both are british national, although i have a hearing at the high court for unlawful dentention(i was detained for 9days unlawfully) and also error of law by the HO to reject my article 8 claim. i have also put in and application on zambrano's ruling using EEA2 form and a cover letter(4weeks ago), no response from HO till now.

i would appreciate any addition, comment, etc,
thanks.

Yes Zambrano case is still very subjective. Please update us if there is any news from HO but it will normally take 2-3 mths for HO to reply or grant you a visa.( my recent application took only 2 months)My concern is that some advised that it applies to all child as long as it is EU citizen. The reason being is that this case law applies to all Union citizen within the territory of member states even though the child has never exercised free movement i.e it applies also to child of a member state where the child is a national and resident of the member state.(UK child can apply under EU law in UK instead of national law as well as irish child can now apply under EU Law of zambrano case).But others mentioned it applies to UK child in UK only.This really keeps my head spinning.
The visa that will be granted most likely will be limited leave to remain if HO remains to consider this under national immigration rule like in Chen case.This means that HO allows parents to stay and work in order to look after the child but I reckon it will not lead to ILR or PR. It may be valid for 5 years /3 yrs or 1 year but it can be extended after the expiry date as long as requirements are met but as at today still no one knows what the requirements would be.
As in Chen case, it is put under Immigration Rules but applicant is applying under EU law( as no fees is required to pay at the moment)
Chen case itself does not lead to PR or ILR as the parent is here to stay in UK to help the child exercising Treaty Right. I was in this situation as I was given continued limited leave to remain even though I had completed 5 years of being self-sufficient with health insurance.It was a long wait for me thinking it would lead to PR but it turned out to be the other outcome.
I found a case law.
"M (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC)
The Upper Tribunal emphasised that the rights of entry and of residence to parents of EU national children derived by the ECJ in Chen are a matter of EU free movement law. National courts are therefore obliged to recognise them, and national legislation cannot reduce them.Mr Justice BlakePresident of the Upper Tribunal,Immigration and Asylum Chamber concluded that the IJ’s decision to allow the appeal stands and directed that an EEA family permit be issued promptly on promulgation of this decision."
Therefore hopefully it can be argued that Chen case or Zambrano case can be considered under EU thus a EU family permit be issued instead of limited leave to remain and keeps going on like this until the child reaches certain age..Finger crossed..
Please update me of any news. Thank you

[mastermind]

Does the zambrano case apply only to british child in UK or including also EU child in UK?

Hasn't is been resolved earlier in Chen case? If I'm not mistaken the very reason for Zambrano case was that Chen did not explicitly cover those cases when the country of EU national children is the same as country of residence. (Chen case is mentioned in Zambrano case)
Chen case deals with residence permits only though, not work permits, at least not explicitly.

[daddy]

Sushdmehta, i quite agree with you, and really it will be subject to legal interpretation and challenges. because this ruling opens up loads of arguement, example, zambrano first child is colombian and due to his siblings being EU national, a right of residence was granted to zambranos first child, does dat mean the ruling would favor siblings of a minor who is bristish? and also in uk wat sort of LR would be issued, because some say resident card(5yrs) and clearly in the proceedings, it states in paragraph 39 that:
( It should be observed at the outset that, under Article 3(1) of Directive 2004/38, entitled ‘eneficiaries’, that directive applies to ‘all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members …’. Therefore, that directive does not apply to a situation such as that at issue in the main proceedings).


and a resident card in the uk can only be issue if you qualify under the directive 2004/38.
Some say Discretionary Leave, i personally disgreed with that because DL once granted and only be reviewed after the length of the Leave, and from previous experience, even when circumstances change before the DL finishes it doesnt matter because review is always done at the end of the leave, so once DL is given based on zambrano and then you decide not to be in ur childs life, DL can not be revoked, until the end of the Leave.

so really, i have been tring to get my head around this, i am an overstayer i have a patner and a one month old daughter both are british national, although i have a hearing at the high court for unlawful dentention(i was detained for 9days unlawfully) and also error of law by the HO to reject my article 8 claim. i have also put in and application on zambrano's ruling using EEA2 form and a cover letter(4weeks ago), no response from HO till now.

i would appreciate any addition, comment, etc,
thanks.

Yes Zambrano case is still very subjective. Please update us if there is any news from HO but it will normally take 2-3 mths for HO to reply or grant you a visa.( my recent application took only 2 months)My concern is that some advised that it applies to all child as long as it is EU citizen. The reason being is that this case law applies to all Union citizen within the territory of member states even though the child has never exercised free movement i.e it applies also to child of a member state where the child is a national and resident of the member state.(UK child can apply under EU law in UK instead of national law as well as irish child can now apply under EU Law of zambrano case).But others mentioned it applies to UK child in UK only.This really keeps my head spinning.
The visa that will be granted most likely will be limited leave to remain if HO remains to consider this under national immigration rule like in Chen case.This means that HO allows parents to stay and work in order to look after the child but I reckon it will not lead to ILR or PR. It may be valid for 5 years /3 yrs or 1 year but it can be extended after the expiry date as long as requirements are met but as at today still no one knows what the requirements would be.
As in Chen case, it is put under Immigration Rules but applicant is applying under EU law( as no fees is required to pay at the moment)
Chen case itself does not lead to PR or ILR as the parent is here to stay in UK to help the child exercising Treaty Right. I was in this situation as I was given continued limited leave to remain even though I had completed 5 years of being self-sufficient with health insurance.It was a long wait for me thinking it would lead to PR but it turned out to be the other outcome.
I found a case law.
"M (Chen parents: source of rights) Ivory Coast [2010] UKUT 277 (IAC)
The Upper Tribunal emphasised that the rights of entry and of residence to parents of EU national children derived by the ECJ in Chen are a matter of EU free movement law. National courts are therefore obliged to recognise them, and national legislation cannot reduce them.Mr Justice BlakePresident of the Upper Tribunal,Immigration and Asylum Chamber concluded that the IJ’s decision to allow the appeal stands and directed that an EEA family permit be issued promptly on promulgation of this decision."
Therefore hopefully it can be argued that Chen case or Zambrano case can be considered under EU thus a EU family permit be issued instead of limited leave to remain and keeps going on like this until the child reaches certain age..Finger crossed..
Please update me of any news. Thank you

Please, could you explain to me how you commenced and finished your application following chen case in Uk. How did you handle it, could you take a little bit of your time to explain to me if you dont mind, thanks for your anticipated reply.

daddy

[howlong]

Please, could you explain to me how you commenced and finished your application following chen case in Uk. How did you handle it, could you take a little bit of your time to explain to me if you dont mind, thanks for your anticipated reply.

daddy

Sure.Started on Chen more than 5 years ago. Took 4 mths to get reply and granted 5 yrs visa. Application was made in UK
Documents required:
Birth cert.child and passport
Applicant passport
Bank statement showing sufficient fund or sponsor's bank statement showing fund. This is very important
Bills at current address.Doctors/GP letter confirming applicant and child registered at the same doctor/letter from school if child is studying. or other documents to prove that applicant is residing with the child.
Comprehensive health insurance for applicant and child
Fee is free in UK as applying under EU rule.

Was advised can invoke Zambrano case now

[daddy]

Please, could you explain to me how you commenced and finished your application following chen case in Uk. How did you handle it, could you take a little bit of your time to explain to me if you dont mind, thanks for your anticipated reply.

daddy

Sure.Started on Chen more than 5 years ago. Took 4 mths to get reply and granted 5 yrs visa. Application was made in UK
Documents required:
Birth cert.child and passport
Applicant passport
Bank statement showing sufficient fund or sponsor's bank statement showing fund. This is very important
Bills at current address.Doctors/GP letter confirming applicant and child registered at the same doctor/letter from school if child is studying. or other documents to prove that applicant is residing with the child.
Comprehensive health insurance for applicant and child
Fee is free in UK as applying under EU rule.

Was advised can invoke Zambrano case now

Thanks for you great help, I appreciate.

One more thing please, did you obtain family permit before you entered UK or did you just made your way in and applied for Residence card? if you did get family permit, please what documents did you submit as a non eu but parent of EU child. please, one more help.
God bless,
Daddy.

[howlong]

Please, could you explain to me how you commenced and finished your application following chen case in Uk. How did you handle it, could you take a little bit of your time to explain to me if you dont mind, thanks for your anticipated reply.

daddy

Sure.Started on Chen more than 5 years ago. Took 4 mths to get reply and granted 5 yrs visa. Application was made in UK
Documents required:
Birth cert.child and passport
Applicant passport
Bank statement showing sufficient fund or sponsor's bank statement showing fund. This is very important
Bills at current address.Doctors/GP letter confirming applicant and child registered at the same doctor/letter from school if child is studying. or other documents to prove that applicant is residing with the child.
Comprehensive health insurance for applicant and child
Fee is free in UK as applying under EU rule.

Was advised can invoke Zambrano case now

Thanks for you great help, I appreciate.

One more thing please, did you obtain family permit before you entered UK or did you just made your way in and applied for Residence card? if you did get family permit, please what documents did you submit as a non eu but parent of EU child. please, one more help.
God bless,
Daddy.

It was not a family permit it is a limited leave to remain.Application can be made in Uk or you can contact british embassy in ur country where u r living as regards to the duration of application.You can try EEA 2 form and of course with supporting document and covering letter stating your are applying based on chen or perhaps zambrano. if you dont'mind me asking,where are you transfering from,your nationality wife/partner/irish child.by the way, i've just managed to find a website while browsing which provide online chat.try sunrisesolicitors.co.uk. or contact manchester legal services shazia..she is a nice lady and charges fairly..im sorry as not knowing much about the law just through my own experience and readings/browsing from google website..

[craigon26]

I am british and i have a british child here in the uk. I Have never travelled to another EU country before. Can my partner get permission to work and visa here if he is from Non EU Country.

[Bob44]

When will UK give response or comment on this ruling, Ireland has started issuing Residence permit to non EU parent of Irish Children, based on Zambrano judgement. Congrads to all! The first Stam4 based on the Zambrano case was issued by GNIB at 12.04.11. So, every Irish born child parent on Stamp1 can upgrade their stamp to stamp4 in GNIB. If you go there don't forget to bring with you the following links printed to avoid attempts of vawing you off by immigration officer.

http://www.inis.gov.ie/en/INIS/Pages/Stamps
http://www.deti.ie/labour/workpermit...otrequired.htm
http://www.immigrantcouncil.ie/image...ation_Note.pdf

well the ukba has responded to the above recent european court judgements however they are still reveiwing these and yet to consider wheather any changes are required to their policy. http://www.ukba.homeoffice.gov.uk/sitec ... -judgments