ECJ judgement on Zambrano case

Giri · Post by **Giri** » Fri May 06, 2011 6:17 pm

Hi,

Is this relevant to non UK EEA minor citizen parents in UK or relevant only for british minor parents?

MSH · Post by **MSH** » Sat May 07, 2011 11:38 am

The central issue is not the nationality of the parent(s) but rather whether or not the CHILD is a union citizen.

If your child is a British national and you are a third-country national the UK cannot deny you a residence and work permit in the UK.

That being said, no one really knows yet if the European governments are going to implement this verdict in accordance with community law or if they in stead will choose to 'play dumb' and try all manner of strange hoola-hoop interpretations.

MSH.

howlong · Post by **howlong** » Sat May 07, 2011 12:07 pm

MSH wrote:The central issue is not the nationality of the parent(s) but rather whether or not the CHILD is a union citizen.

If your child is a British national and you are a third-country national the UK cannot deny you a residence and work permit in the UK.

That being said, no one really knows yet if the European governments are going to implement this verdict in accordance with community law or if they in stead will choose to 'play dumb' and try all manner of strange hoola-hoop interpretations.

MSH.

Does it mean that it is still very subjective or uncertain that Zambrano will apply to EEA child in UK?
http://www.freemovement.org.uk/Media-5- ... brano.html

Giri · Post by **Giri** » Sat May 07, 2011 7:03 pm

Hi,

My child is an EEA national living with us in UK. In that case can we apply under Chen's case either? I have read from some articles that non EU parents of an EU citizen minor child can stay in any member states? It is a bit confusing.

GIRI

howlong · Post by **howlong** » Sat May 07, 2011 7:11 pm

Giri wrote:Hi,

My child is an EEA national living with us in UK. In that case can we apply under Chen's case either? I have read from some articles that non EU parents of an EU citizen minor child can stay in any member states? It is a bit confusing.

GIRI

Sure you can apply under Chen if you are a non EU parent of an EEA child in UK but there is work restriction. You must able to show there is fund available in your account to prove that you are self sufficient or someone/husband is supporting you financially plus comprehensive health insurance for you and the child.If Zambrano can apply to EEA child(not only British child) in UK,then this would allow you to work and reside in UK. Therefore I am trying to find out if Zambrano could apply to EEA child in UK.But under both conditions do not lead to PR after completing 5 years of continious residency in UK.

Giri · Post by **Giri** » Sat May 07, 2011 11:53 pm

Hi Howlong,

try to find out for me. Also let me know Which form do i have to use? or else in what way do i have to apply?

giri

leonex4t5 · Post by **leonex4t5** » Mon May 16, 2011 12:23 pm

if this helps.. Zambrano application.

my application: 12/04/2011
EEA 2 Form.(because there is no form provided yet)
My ID (uk drivers licence)
Daughters Birth Certificate(to show i'm the father)
Cover letter (stating my claim on zambrano ruling, and also i went far as explaining why my removal from the uk will effectly make my daughter move with me from the uk). and also not in my child's best interest(ZH Tanzania).

12/05/2011
Reporting centre told me not to sign on nomore and that all retrictions are removed as i have made an application under EU Ruling, and application has been accepted by Home Office Liverpool.

12/05/2011
rang Home Office to confirm my application has been accpeted and to know what my current status is, they said its been accepted, they gave me my case id number, but thet said they cant tell me anymore. that Home office will contact me.

so its good news Home Office are Considering Zambrano.

Giri · Post by **Giri** » Mon May 16, 2011 2:26 pm

Hi Leonex 4t5,

Thanks for your info. I just want to make sure that is your son is British?
and is this ruling only applies to British children of non EU parents? or any EU children of Non EU parents????

GIRI

leonex4t5 · Post by **leonex4t5** » Mon May 16, 2011 2:35 pm

My Daughter is British. and also to my understanding it a ruling for third country nationals parents of any EU child "in the state of the child's nationality". eg parents of brit can only gain the rights in britain. parents of a french child can only gain the rights in france.

hope i was was to explain in simple terms.

mastermind · Post by **mastermind** » Wed May 18, 2011 1:09 pm

leonex4t5 wrote:My Daughter is British. and also to my understanding it a ruling for third country nationals parents of any EU child "in the state of the child's nationality". eg parents of brit can only gain the rights in britain. parents of a french child can only gain the rights in france.

hope i was was to explain in simple terms.

The reason why Zambrano case does not explicitly deals with cases where the nationality of the child and country of residence is not the same is that it has been mostly resolved earlier in Chen case
In fact if memory serves me right (read the whole text of Zambrano ruling to be sure) the whole reason for Zambrano Case was that Chen case did not explicitly resolve "internal situations" (where child's nationality=country of residence) and Mr. Zambrano tried and failed to use Chen case first.

craigon26 · Post by **craigon26** » Thu May 19, 2011 9:57 am

leonex4t5

Hey Do you think i can get visa for my partner here. I am british and i have a british child here in the uk. I have never been to another EU country before. My partner is from Non EU country. Whats the chances he can get visa Regarding the Zambrano Case.

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 10:15 am

Nothing is Guaranteed yet as the ukba is yet to implement the Zambrano ruling. However i have made an application anyway, because even though ukba have not update the ruling on their website, they are obliged to follow the ruling.

Which is why the Home Office is currently considering my application. In your case is your partner the father of your child? if not what is the father's nationality? what role does you partner play in your child's life and hold long has he been in your child life?

Mike Eddy · Post by **Mike Eddy** » Thu May 19, 2011 11:31 am

Leonex4t5.

This sounds very good for all parents of British children.
I do not know if I could benefit from this too though, maybe you or anyone in this forum can help.
I am a father of British children 4yrs and 6months old, one was born in Ireland and older one in Uk although the younger one has Irish passport now because she was born here and we have been living in Ireland for over 5 years and I believe she also entitle to British passport.

My question:
Am I qualify for residence in UK if I just return illegally, just should in case my settlement visa application in Ireland is refuse?

Thanks

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 1:50 pm

Mike Eddy

The best thing is to consult and qualified legal rep as i am not qualified, but to share my idea on what you have posted, you would have to apply for your child british passport, and also proof that you are fully in the child's life, things like proof of address of you and the child, letters from the childs school etc. then you should be able to put a claim for the zambrano ruling in the uk.

Remember it is only my idea, in terms of my on going application on zambrano. and so far so good, its been positve.

Mike Eddy · Post by **Mike Eddy** » Thu May 19, 2011 2:25 pm

leonex4t5 wrote:Mike Eddy

The best thing is to consult and qualified legal rep as i am not qualified, but to share my idea on what you have posted, you would have to apply for your child british passport, and also proof that you are fully in the child's life, things like proof of address of you and the child, letters from the childs school etc. then you should be able to put a claim for the zambrano ruling in the uk.

Remember it is only my idea, in terms of my on going application on zambrano. and so far so good, its been positve.

Thanks leonex4t5.
She has a British already and the younger one has Irish passport but she a due national although she is entitle to British passport.

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 2:43 pm

Mike Eddy

You will be fine as far as you are in the child's life. and also if you are in ireland, they are already giving visas to non EU parents of Irish children.

Mike Eddy · Post by **Mike Eddy** » Thu May 19, 2011 3:18 pm

leonex4t5 wrote:Mike Eddy

You will be fine as far as you are in the child's life. and also if you are in ireland, they are already giving visas to non EU parents of Irish children.

Thanks. I have five years residence already, just to know if I am entitle to one in uk should my settlement application visas fails as I don't trust the UK embassy.

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 3:27 pm

the fact that you are in ireland at the moment with your child, i will suggest you seek legal advice from a qualified person.

craigon26 · Post by **craigon26** » Thu May 19, 2011 5:28 pm

leonex4t5

Yes my partner is from pakistan and he is the father of my child. So what do you think the chances are for my partner to get visa here.

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 6:44 pm

craigon26

Is your partner in the UK? if yes, and you all live together, i suggest you seek an immigration adviser quickly as, clearly he qualifies under the zambrano ruling.

craigon26 · Post by **craigon26** » Thu May 19, 2011 7:00 pm

leonex4t5

Yes he is in the uk. We all live together cause i have my own bought home. we have all paper work to show that we all live together. we have all documentery proof.

craigon26 · Post by **craigon26** » Thu May 19, 2011 7:05 pm

leonex4t5

Please keep us updated with your case and were you accepted to get permission to work and residence to stay here. do you know any good lawyers in uk. We have talked with a few lawyers and nobody knows about the zambrano case.

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 7:24 pm

My case was accepted by the HO EEA Department. Although at the reporting centred, they told me i was able to work whilst HO process my application, my application was accepted under EU Ruling, its not yet granted as it is still in process. the positive side at the moment is that i have nomore restrictions, and i am nomore reqiured to report until my application is decided.

i suggest you print the content in this link and take it to a solicitor. tha should help them look in to it.

http://www.freemovement.org.uk/Media-5- ... brano.html

craigon26 · Post by **craigon26** » Thu May 19, 2011 7:30 pm

Do you know of any good lawyers in the uk. thanks xx

leonex4t5 · Post by **leonex4t5** » Thu May 19, 2011 7:42 pm

www.duncanlewis.co.uk

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

ECJ judgement on Zambrano case

ECJ judgement on Zambrano case

Zambrano

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Zambrano

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