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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I stand to be corrected but unless your child is a British citizen the Zambrano ruling may not benefit you.Zambrano v Office national de l’emplo wrote: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.
I think the Zambrano ruling can be interpreted as any person who has Union citizenship can avail of EU rights. This would mean that you could apply for the right to work using your childs union citizenship.sushdmehta wrote:I stand to be corrected but unless your child is a British citizen the Zambrano ruling may not benefit you.Zambrano v Office national de l’emplo wrote: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.
How did you enter the uk and how much fund did you have in the account at the time of RC application. More info will help to give you better advice.Mysticsoul wrote:Thx a million to all of u for replying... appreciated so much
Obie the father is in Poland.I applied to the HO In May 2009 for family card, but was refused last year in dec. However I did receive the COA from them n was working legally up till the refusal last yr where my employer terminated my contract. I have become self employed, working as domestic to provide for my child despite having good qualification n can have a much better job if allowed to.
My child has turned 3 in Oct last yr and is attending nursery at the moment. He started to receive the 3-4yr old grant for free education from Jan this yr. Does this count towards him excercising his treaty rights??? Not quite sure where I stand or where do I go from here really.
Moving to Poland is just not happening!!! I hv suffered severe domestic violence at the hands of tht man wen he took us there back in 2008 on the name of formalities to register our child's nationality. I remained there for 9 mths as he had confiscated our passports as he wanted to take the child off me...threatening me if i dnt leave him behind he was gonna get medical papers n have me locked away in a mental hospital for the rest of my life. I had to get the embassy n the cops involved n came close to death as he was abt to throw me off the balcony wen he found out abt the embassy.... I AM NOT GONNA GO BACK TO THAT COUNTRY FOR NOTHING ON EARTH!!!
Plus I have been in the UK since 2002, with a 9 mths break in the middle tho n my child is born here, will they take all this into account?? I dnt understand these 'article' thingies but the only reason I applied under the Chen ruling was bcoz there was nothg much available for me at tht time.
Thx in advance
You can try and invoke the Zambrano ruling, its very much relevant to your situation, as you are not working you should qualify for legal aid, book appointment with your local citizen advice bureau, and you should fight out your case with UKBA, you should not die in silence, go for it.Mysticsoul wrote:Hi all,
I am a non eea national, single parent of a 3yr old eea national (polish) living in the uk. I hv previously applied to the HO the right to live in uk but been refused in Dec 2010 under the Chen ruling as I do not have sufficient fund. I absolutely have to work to support both of us.
Does the new ruling in Zambrano case help me in any way given that my son is a polish national living in uk, therefore not his home country??
PLEASE ADVICE
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Their is no formal response or comment yet from UK Authority concerning Zambrano ecj ruling and i doubt if their is going to be any. you just have to claim your right through legal proceedings for now, The ECJ has already made the ruling and other EU countries has started implementing it eg Ireland, If you are not working or you are on low income you should qualify for LEGAL AID, look for Immigration lawyer around you that offer Legal Aid or you go to your local citizen advice bureau, its free.Mysticsoul wrote:can anyone advice on the above matter plz... thx in advance
Pls if you dont mind me asking if you did enter the uk with your karta pobytu or you obtained a family permit, pls explain a bit about these for the benefit of others, thanksMysticsoul wrote:I had the karta pobytu from poland so wasnt at all a problem to enter the country. I did hv not any funds at the time i applied for my RC but once I was issued the COA I started working n sent em my bank statements but they turned round n said tht I dnt qualify for the RC but shud instead apply for the leave to remain thing under the Chen ruling n also advise shud I choose to do tht i wnt be allowed to work. even after i went for tht, they refused it simply coz i were to work to support myself n my lil one
Mysticsoul wrote:AT the same time a quick update:
i would like to inform everybody tht the ZAMBRANO ruling doesnt apply to eea children who has moved away from their country of origin just like in my case, checked it with solicitors today.