Non-EU Parents with EU Citizen - Ruiz Zambrano Case

[Aimar]

[My Grand daughter is a british citizen currently living in America with her mum.

would this ruling apply to my Daughter in law, or would they both have to be in Britian to benefit from the ruling.

My grand daughter can not travel here by herself because she is a baby less than 1 year old

Love pads x]

Your Daughter-In-Law will require entry clearance, UKBA currently advise that under current regulations there is no possibility of issuing documentation to applicants from abroad under the Zambrano ruling until such time the regs are amended, see here http://www.whatdotheyknow.com/request/j ... ing-217124[/quote]
Unless of course your daughter in-law could enter the UK under a different category and then apply from within the UK under the Zambrano ruling with an EEA2 form.

[pads]

It would appear so yes.

We are however consulting a solicitor and will let you know what he says.

Love pads x

[ck4137]

Changes affecting EEA nationals and their family members

13/07/2012


The Immigration (European Economic Area) Regulations 2006 have received an update with a number of interesting changes. The main changes are:
•from 16 October 2012, nationals of an EEA state who also hold British citizenship will no longer fall into the definition of an EEA national and will no longer be able to rely on the provisions of the EEA regulations. This is likely to impact these dual nationals' non-EEA family members who will no longer be able to rely on the EEA free movement regulations and will need to apply under the immigration rules in order to enter and/or stay in the UK. Exemptions do apply for those who are already residing in the UK or who have submitted their applications under the EEA regulations prior to 16 July 2012;
•a new category has been created called ‘derivative residence’ which incorporates the ruling in the European Court of Justice case of Chen [2004] EUECJ C-200/02 into the regulations. This allows a non-EEA national primary carer of a self-sufficient EEA national under 18 to have the right of residence in the UK if that EEA national’s stay in the UK is dependent upon it. Likewise, non-EEA children of EEA nationals will also have a derived right of residence. This category cannot lead to settlement.



Can anyone tell me what is the differrence between immigration rules and immigration regulations?Can the chen's parents be allowded to work after changes?Are the chen's parents treated as the family member of EU national?