Non-EEa national with 3yr old EEA National

Mysticsoul · Post by **Mysticsoul** » Mon Apr 18, 2011 5:19 pm

Hi all,

I am a non eea national, single parent of a 3yr old eea national 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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Post by **geriatrix** » Mon Apr 18, 2011 8:19 pm

Zambrano v Office national de lâ€™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 stand to be corrected but unless your child is a British citizen the Zambrano ruling may not benefit you.

Monifé · Post by **Monifé** » Mon Apr 18, 2011 8:27 pm

sushdmehta wrote:
Zambrano v Office national de lâ€™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 stand to be corrected but unless your child is a British citizen the Zambrano ruling may not benefit you.

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.

That being said, this is a very new area of law and you may (probably) will have to take the UKBA to court to obtain your entitlements. Contact a good immigration solicitor that specialises in EU law.

Post by **Obie** » Mon Apr 18, 2011 8:53 pm

Zambrano invoves the parent of Belgian children living in Belgium. But it would be wrong to say Article 20 of TFEU does not apply to a Union citizen outside his/her country of nationality. It applies. However, whereas in Zambrano, the childreb did not have to show evidence of self sufficiency, i believe that chen cases might have to, however restriction to the job market might not be acceptable, in light of this judgement.

Although it could be argued that if chen is made more restrictive than zambrano, eu citizens parent may be deterred from moving to another memberstate with these children, as there conditions or that of their parents or the whole family unit, will be worse of economically than if they hadn't. As of now, OP will be allowed to work in Poland, this will cause her to move with her child there, and hence the childs rights under Article 21 of TFEU will be illusory.

OP where is the father of this child? Is he working in the UK ? Is you child attending school.

Mysticsoul · Post by **Mysticsoul** » Mon Apr 18, 2011 11:34 pm

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.

My child is attending nursery at the moment. Does this count towards him excercising his treaty rights??? Not quite sure where I stand or where do I go from here really.

Thx in advance

daddy · Post by **daddy** » Tue Apr 19, 2011 10:40 am

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

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 · Post by **Mysticsoul** » Tue Apr 19, 2011 3:07 pm

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

Brown212 · Post by **Brown212** » Tue Apr 19, 2011 3:35 pm

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

[/b]

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 · Post by **Mysticsoul** » Tue Apr 19, 2011 4:00 pm

Thx Brown212... thts exactly wat im doing at the moment... trying to get as much info as i can b4 I go ahead n apply as neither do I have the money to pay a solicitor right now nor the court fees shud i hv to appeal... They've drag my application for almost 2 yrs last time n i went from being completely settled back to square 1.

All i wanna know is if this apply to my situation then i can go on n apply for it on my own rather than hving to do it thru a solicitor (save me money).

I wud really appreciate if someone cud really advise me on this whole thing... Im worried the HO might play with the wording n say that i shud go back to Poland n apply there as thts my son national country unless someone can advise me better

Mysticsoul · Post by **Mysticsoul** » Wed Apr 20, 2011 9:48 am

can anyone advice on the above matter plz... thx in advance

Brown212 · Post by **Brown212** » Wed Apr 20, 2011 12:02 pm

Mysticsoul wrote:can anyone advice on the above matter plz... thx in advance

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 · Post by **Mysticsoul** » Wed Apr 20, 2011 6:07 pm

I have contacted few solicitors n been advise tht unless is british, I cannot take adv of this ruling, but bcoz he is attending nursery now so i can apply as a family member of an eea national who is excersing his treaty rights, therefore im hoping it goes thru time n yes they've confirm tht I qualify for legal aid as well. Im keeping my fingers cross.

daddy · Post by **daddy** » Wed Apr 20, 2011 10:30 pm

Mysticsoul 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

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, thanks

Mysticsoul · Post by **Mysticsoul** » Thu Apr 21, 2011 10:32 pm

Thx every1 for all ur support. Ive seen a solicitor today n she's doing my application under legal aid. Once again million thx.

Mysticsoul · Post by **Mysticsoul** » Thu Apr 21, 2011 10:35 pm

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.

howlong · Post by **howlong** » Thu Apr 21, 2011 11:26 pm

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.

this is confusing as the solicitors i spoke to i can apply via zambrano cos i have a eea child in uk.so which is true and this is so arguable..

Mysticsoul · Post by **Mysticsoul** » Thu Apr 21, 2011 11:31 pm

If ur child is a british national then it applies to ur case but otherwise it doesnt. At least tht wot my solicitor told me... but mayb some of them will try to twist it around... keep updating us if u get thru it tho

howlong · Post by **howlong** » Thu Apr 21, 2011 11:56 pm

Mysticsoul wrote:If ur child is a british national then it applies to ur case but otherwise it doesnt. At least tht wot my solicitor told me... but mayb some of them will try to twist it around... keep updating us if u get thru it tho

yes will update if there is any news..

Rolfus · Post by **Rolfus** » Sat Apr 23, 2011 2:39 pm

You may want to look at this post which I mistakenly put on the Europe thread.

Chen Zembrano Singh EEA Family Permit

http://www.immigrationboards.com/viewtopic.php?t=76269

Immigrationboards.com: Immigration, work visa and work permit discussion board

Non-EEa national with 3yr old EEA National

Non-EEa national with 3yr old EEA National

Re: Non-EEa national with 3yr old EEA National

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