Article 18.1 covers both the right to reside freely within the territory of a member state and the right to move to it.
I got a reply today(that was on August 3rd):If a non-EU parent without an entry clearance but with Zambrano rights presents him/herself to a port officer, accompanied by the British child, will the parent be admitted to the UK?
I am writing to confirm that the UK position on the Ruiz Zambrano
judgment is still being finalised. Until it has been finalised we are
not in a position to answer your questions. However we aim to respond to
your questions within 28 working days.
bolodeoku wrote:I envisaged the UKBA to do just this, i believe when the provision is included in the Immigration regulation it should then cover every parent with an EU minor and not just parents with British minors, until then it just one step from where to where!
From: Subject: Date: Issue number:
European Operational Policy Team Implementation of Ruiz Zambrano judgment 16 September 2011 13/2011
Purpose of Notice
1. This instruction provides interim guidance for all UK Border Agency staff dealing with third country nationals claiming to have acquired a right of residence in the UK on the basis of the Court of Justice of the European Union (ECJ) case of Ruiz Zambrano (C- 34/09).
2. The judgment in the case of Ruiz Zambrano established that member states are precluded from refusing a third country national, upon whom a Union citizen is dependent, a right to reside and work in the Member State of residence and nationality of that Union citizen when refusing residence would deprive the Union citizen of the genuine enjoyment of the substance of their European citizenship rights. In practice this means that refusal of the right of residence to the third country national, and so their removal, would require the Union citizen to leave the Member state by virtue of their dependency upon that third country national.
Rolfus wrote:Easy possibilities:
Have you been in the UK long enough to get permanent residence?
Drive to the Republic of Ireland. Present yourselves to an immigration officer and make a Zambrano application.
Apply for a Chen visa to travel to Ireland (see M (Chen parents/ source of rights) Ivory Coast  UKUT 277 (IAC) (10 August 2010).
Move to the Czech Republic - they give long term residence to parents of EU citizens. (Maybe other EU countries also do this).
Apply for a Zambrano residence in the UK. If it is refused appeal on the basis that they are wrongly interpreting the Zambrano ruling. The court talks about EU citizens, including in their own country. It is probably wrong that UKBA interpret it as applying only to citizens in their own country. You would probably be able to stay while the appeal is undecided.
Apply for an EEA residence card on the basis of Chen and M. If it is refused, appeal on the basis that Chen, M and Zambrano read together entitle you to residence with the right to work.
Do nothing and see if any attempt is made to deport you. If that happens claim Chen/M/Zambrano rights which are directly effective. (I don't recommend this approach).
15 November 2011: Case C-256/11, Dereci and others v Bundesministerium für Inneres
40 We therefore conclude that for the time being, subject to future clarification by the higher courts, IJs should adopt the following approach:
i. A person claiming to be an OFM may either be a dependent or a member of the household of the EEA national: they are alternative ways of qualifying as an OFM.
Regulation 8 ...also covers...parents...who have failed to provide evidence of financial dependency. Note: there is no dependency test for persons who can show that they have lived under the same roof as the EEA national before coming to the UK
Users browsing this forum: abam and 19 guests