Zambrano - UKBA announces its interpretation...

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Postby jaskamalman » Wed Apr 11, 2012 12:12 am

We are non-EU citizens on work/tier 2 visas from last 7 years in Northern Ireland.
Today home office rejected my ILR application because, on my 4th year in UK, I had 67 days absence from UK for new Tier 2 visa.
Our daughter is Irish citizen by birth. So,

Can we apply for EEA2 family permit in UK?

If we can, will it affect my present tier 2 visa?

I am interested EEA2 family permit for two reasons.
1. I wouldn’t need visas to travel in EU countries.
2. If I change a job and my new employer need time to apply for licenses (which some time takes 5 months) then I don’t have to leave the country.
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Postby frankfurt » Fri Aug 24, 2012 10:12 am

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?Do the chen's parents still need to paya large amout of money to pay UK visa fee?
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Postby jaskamalman » Fri Aug 24, 2012 11:56 am

Thanks, do you know what they mean by “carer of a self-sufficient EEA national under 18”? Dose that mean, we should have lot of money to stay?
Can we work under ‘derivative residence’?
Do you think a person living under ‘derivative residence’ can not get residency even after 10 years continue stay?


frankfurt wrote: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?Do the chen's parents still need to paya large amout of money to pay UK visa fee?
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Postby Rolfus » Sun Sep 16, 2012 1:57 pm

civis europeus sum
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Postby Directive/2004/38/EC » Tue Sep 18, 2012 11:14 pm

Rolfus wrote:This link is interesting
http://csdle.lex.unict.it/docs/labourwe ... /3458.aspx

Thank you for finding it!
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog
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Postby Kitty » Thu Oct 18, 2012 6:13 pm

Amendments to EEA Regulations covering Zambrano cases:

http://www.legislation.gov.uk/uksi/2012/2560/made

Laid before Parliament today and in force 9 November.
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Postby Prince74 » Thu Oct 18, 2012 6:51 pm

Kitty wrote:Amendments to EEA Regulations covering Zambrano cases:

http://www.legislation.gov.uk/uksi/2012/2560/made

Laid before Parliament today and in force 9 November.


Pls Kitty or anyone else reading this, if you have a link to where UKBA's caseworkers guidance is relating to Zambrano pls kindly post it.
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Postby Obie » Thu Oct 18, 2012 7:18 pm

It was long overdue. I was speaking to a friend of mine few days back, and were discussing the ongoing infringement of EU law by the UK in regards to Zambrano. It appeared that the UK was the only country in the EU who has yet put legislation in place or procedure or policy for issuing residency to people who fall under the scope of Zambrano.

In regards to Regulation 8, it is good that one of the offending regulation has been removed. However, the requirement of Regulation 8 (2C) is not a requirement for the facilitation obligation in regulation 17(4) or Article 3(2), therefore the UK, should consider removing it altogether.
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zambrano

Postby pads » Tue Oct 23, 2012 7:36 pm

Does this now apply to entry clearance it would suggest it does

Love pads x
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zambrano

Postby pads » Sun Oct 28, 2012 10:41 am

Does anyone know what these new regulations are actually saying?

Love pads x
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Postby Obie » Fri Nov 16, 2012 7:14 pm

The Court of Appeal has confirmed the Zambrano Parents can indeed claim benefit. It unravels UK National legislation before it even took effect.
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Postby pads » Mon Nov 19, 2012 9:23 pm

can you now apply for family permits under zambrano from outside the uk?

Thanks pads x
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Postby GLH2012 » Sun Nov 25, 2012 3:28 pm

pads wrote:can you now apply for family permits under zambrano from outside the uk?

Thanks pads x


I think you can
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Postby Prince74 » Sun Nov 25, 2012 4:29 pm

GLH2012 wrote:
pads wrote:can you now apply for family permits under zambrano from outside the uk?

Thanks pads x


I think you can


My second CoA will expire on 12 December 2012. On 8 November, my solicitor wrote to the UKBA to inform them about it and to remind them to deal with my outstanding Zambrano application in light of the amended Regulations. On 19 November my solicitor received a letter from UKBA with Zambrano application form asking us to complete and return it with evidence that my wife and daughter are dependent upon me within 21 days. In their letter, they stated that they are now considering Zambrano applications.

If anybody has received this sort of letter from the UKBA, please let us exchange views.
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Postby GLH2012 » Sun Nov 25, 2012 4:52 pm

Prince74 wrote:
GLH2012 wrote:
pads wrote:can you now apply for family permits under zambrano from outside the uk?

Thanks pads x


I think you can


My second CoA will expire on 12 December 2012. On 8 November, my solicitor wrote to the UKBA to inform them about it and to remind them to deal with my outstanding Zambrano application in light of the amended Regulations. On 19 November my solicitor received a letter from UKBA with Zambrano application form asking us to complete and return it with evidence that my wife and daughter are dependent upon me within 21 days. In their letter, they stated that they are now considering Zambrano applications.

If anybody has received this sort of letter from the UKBA, please let us exchange views.

Hi Prince 74, a few of us indicated that we received this application form. I received mine on Thursday with a new CoA because my old one expired on the 2nd of November.
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Postby Prince74 » Sun Nov 25, 2012 5:10 pm

GLH2012 wrote:
Prince74 wrote:
GLH2012 wrote:
pads wrote:can you now apply for family permits under zambrano from outside the uk?

Thanks pads x


I think you can


My second CoA will expire on 12 December 2012. On 8 November, my solicitor wrote to the UKBA to inform them about it and to remind them to deal with my outstanding Zambrano application in light of the amended Regulations. On 19 November my solicitor received a letter from UKBA with Zambrano application form asking us to complete and return it with evidence that my wife and daughter are dependent upon me within 21 days. In their letter, they stated that they are now considering Zambrano applications.

If anybody has received this sort of letter from the UKBA, please let us exchange views.

Hi Prince 74, a few of us indicated that we received this application form. I received mine on Thursday with a new CoA because my old one expired on the 2nd of November.


I thought I was the only one that received it. Apart from you, who else on this forum received this form. When are you sending your form back? I was given 21 days by which I should return it and I am meeting my solicitor tomorrow so that we can complete the form together and she will send it off before Friday, the 30th. The deadline given to us is the 6th December.
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Postby easy77 » Sat Dec 01, 2012 5:59 pm

A friend of my received the form as well on 16 Nov and as posted it back to UKBA. They did not issue a new COA even though hers has expired but asked for her to send her passport and 2 passport photographs so they can issue her residence permit. She initially asked for her passport from UKBA.
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Any News Regarding derivative residence card?

Postby debab » Fri Dec 14, 2012 8:34 pm

easy77 wrote:A friend of my received the form as well on 16 Nov and as posted it back to UKBA. They did not issue a new COA even though hers has expired but asked for her to send her passport and 2 passport photographs so they can issue her residence permit. She initially asked for her passport from UKBA.


I received the form as well on the 19 of Nov 2012,posted it back on the 20.They did not issue a new COA,and mine expired 10 of October 2012,they asked me to send 2passport photographs,they said the passport photographs will be used for derivative residence card,which if issued,will be fixed in my passport in the form of vignette.

Any News Regarding derivative residence card?
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caseworkers instruction on Zambrano applications

Postby kofi75 » Sun Dec 23, 2012 7:52 pm

DMG 38/12 Zambrano right to reside
DMG34/12 right to reside
DMG is decision makers guidance.
This gives you the memo sent to caseworkers to make decision on derivative residence card as of 8 November 2012
The homeoffice has not put it up yet on their website.Hope it helps those who are yet to apply and what they are looking for
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Re: caseworkers instruction on Zambrano applications

Postby Directive/2004/38/EC » Sun Dec 23, 2012 11:22 pm

kofi75 wrote:DMG 38/12 Zambrano right to reside
DMG34/12 right to reside
DMG is decision makers guidance.
This gives you the memo sent to caseworkers to make decision on derivative residence card as of 8 November 2012
The homeoffice has not put it up yet on their website.Hope it helps those who are yet to apply and what they are looking for

If you have them, can you please provide the full name, reference number and date of issue of these documents. Who are they issued by, e.g. a department name?

Do you have links to any other "DMG"s? I have never seen one before.
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog
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