Hello,
You may wish to note some of the information I am about to release on this post as the contents are extremely valuable.
If your husband is British citizen and your child born in Bangladesh has the right to take his or her father’s British citizenship under British Nationality Act 1981, then you are correct to say your child born in Bangladesh will be British citizen by descent. Your child will also be a European Union citizen being a British national and have the same citizenship entitlement like any other European Union citizens.
As you are a Bangladeshi citizen and your son is an EU citizen being a British citizen then you are defined as a third country national parent for the purpose of European Union law. The court of Justice of the European Union delivered a landmark ruling in the case of Ruiz Zambrano on 8th March 2011. In the ruling the court made clear that third country national parents of EU citizen children have the right to reside and work in the country of the child is a citizen. The court also confirmed that this requirement applies even if the child has NEVER exercised the right to free movement. You can find the full judgement here:
http://curia.europa.eu/juris/document/d ... id=1341218
The key in your situation on this paragraph;
In principle, it is arguable with the Home Office that your minor son, a EU citizen would be deprived of his genuine enjoyment of the substance conferred to his status as a EU citizen under Article 20 of the Treaty and Functioning of the European Union.
1. Does the denial of an EU permit to you, force your son to stay outside the EU? I think YES.
2. Is your son deprived of the substances of his EU rights by being to force live outside the EU? Those rights would be right to Education, Health and living with both parents? Again the answer is YES.
So while the advice you have received on this forum so far is unequivocal, ‘you have an entitlement to enter’ nevertheless the Zambrano judgement makes it clear.
This judgement is derived from Article 20 and 21 of the Treaty and Functioning of the European Union and NOT the Directive 2004/38 EC (free movement). Therefore based on the law it is your potential right under European Union law to reside and work in the United Kingdom. The United Kingdom government (Home Office / UK Border Agency) is currently working on the guidance and specific application for residence under Zambrano. As such although there is no appropriate UK regulation or statute, in country applications for confirmation of residence is being requested on form EEA2 which is that for EEA Family member’s excersing Treaty Rights under the Directive 2004/38 EC in the UK. The parallel form for Entry Clearance is the EEA Family Permit application form therefore in order for you to enter the UK under Zambrano case C34/09 you must complete the application for an EEA Family Permit.
Residence and entry under European Union law is governed by the Immigration EEA Regulation 2006 and NOT the British Immigration Rules therefore there is no need to meet any maintenance, accommodation or English speaking or understanding requirement. In addition to these benefits application under EU law is free of charge under regulation 12(4). The EEA Family Permit is issued under regulation 12.
You also have the entitlement to enter the UK as the spouse of a British citizen under paragraph 281 of the Immigration Rules however that would mean you will have to meet all the incapacitated requirements of the Immigration Rules and also be at risk from the UK Immigration entry clearance officer’s denying you entry as they have a refusal mentality, especially at the Dhaka visa office and you will be required to pay a very high visa fee.
