Immigrationboards.com

The UK Border Agency is aware of the recent judgments by the Court of Justice of the European Union in the case of Ruiz Zambrano (C-34/09) and McCarthy (C434/09)[quote]

I got this follow up to an outstanding FOI request on Sep 13th:

The UKBA policy position on the Ruiz Zambrano case has not yet been
finalised however it is envisaged that this position will be finalised
before the end of September.

EMMANZ wrote:The UK Border Agency is aware of the recent judgments by the Court of Justice of the European Union in the case of Ruiz Zambrano (C-34/09) and McCarthy (C434/09)

the UKBA is still considering its position following the Zambrano judgement whether any changes are required to their law/ Policy and they are not in a position state when the judgement will be implemented until they have completed considering their position.

its been almost 6 months since the judgement was handed down and it feels like they are not bothered about it.

I don't think UKBA are in any rush to speed up their review of Zambrano ruling.

I would advice people who believe they are beneficiaries to apply, sending a cover letter, a copy of the British National's passport or Evidence that the child/children in question are British Citizen, and evidence they are the primary Career of the child and a brief background of their circumstance and ties with the child.

If after a reasonable time, a decision is not forthcoming, these people shall proceed with JR and claim damages. This will shake them up. The courts have formed a policy on the Zambrano independently of the UKBA. It is odd that they have and the Executive and legislator hasn't.

The mother of my British son applied for an EEA FP on the basis of Zambrano. They rejected it. No mention of Zambrano in the rejection letter. She has appealed we are waiting for the Entry Clearance Manager review. Does anyone know if there is a time limit within which the review has to be conducted?

In the mean time she also applied for a visit visa. This was rejected, because, on the basis of the FP application, they spuriously feel she may do unpaid work in the UK. She has appealed this on human rights grounds, saying inter alia that she has a directly applicable treaty right to work (Zambrano), therefore they have rejected her on the basis that she might do something she is legally entitled to do... The whole system is an absolute mess!

I will be back in court at the UIT on the 26th to argue that Surinder Singh applies to unmarried partners.

thanks for the reponses, we have made any application as well just that we havent heard anything, not even a letter to confirm they've received it, thats why i would like to know

I got this follow up to an outstanding FOI request on Sep 13th:
Quote:
The UKBA policy position on the Ruiz Zambrano case has not yet been
finalised however it is envisaged that this position will be finalised
before the end of September.[quote]

Rolfus ; Can you send me a link to where you got that news on when they might decide?
Thanks

It was an FOI response sent to me in response to a FOI request asking what would happen if a Zambrano parent arrived with the British child at a border post and asked for a port entry clearance. Someone should try this at the Eurostar terminal in Paris or Brussels!

Try looking at this thread: http://www.immigrationboards.com/viewto ... sc&start=0

hi,can't seem to find the link. can you please repost
thank you

I am trying to route you to "Non-EU Parents with EU Citizen - Ruiz Zambrano Case" in this EEA-route Applications section.
http://www.immigrationboards.com/viewto ... sc&start=0

Thanks for posting this information.

this is the response from the UKBA, i believe it should affect every parent with an EU minor when the provision is eventually added to the Immigrations (EEA) regulations, for now it has only just catered for Parents with British minors.

http://www.ukba.homeoffice.gov.uk/sitec ... ish-carers

what would be the implication of non -eu parent of irish child born in Northern Ireland. will this happen only to british child. any comment.thanks

The Court of Justice of the European Union (ECJ) recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union. The UK Border Agency has been considering the effect of this judgement and whether any changes are required to our policy or the law as a result. Until now, we have not accepted applications we have received on this basis as there is currently no provision within the Immigration (European Economic Area) Regulations 2006 (the regulations) to issue documentation on this basis.

We will amend the regulations in due course to enable a person to be issued with a document confirming that they have a right to live in the UK as a result of the Ruiz Zambrano judgement. However, in the meantime, we will issue a certificate of application to those who are able to show:

evidence that the dependent national is a British citizen;
evidence of the relationship between the applicant and the British citizen; and
adequate evidence of dependency between the applicant and the British citizen.
This certificate will enable a person to work in the UK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued under the regulations to those who meet the final agreed policy.

Employers can accept this certificate of application, in combination with a positive verification from our Employer Checking Service, as proof of right to work in the UK for up to 12 months. This document combination comes under entry 5 of List B within the 'Comprehensive guidance for employers on preventing illegal working', and will provide an employer with a statutory excuse against payment of a civil penalty for up to 12 months.
Further information on the scope and processes referred to can be obtained from the Customer Contact Centre on 0845 010 5200.
Further information on the laws on preventing illegal working can be obtained from the Sponsorship and Employers' Helpline on 0300 123 4699

howlong wrote:what would be the implication of non -eu parent of irish child born in Northern Ireland. will this happen only to british child. any comment.thanks

I would love to hear answer to your post…

jaskamalman wrote:

howlong wrote:what would be the implication of non -eu parent of irish child born in Northern Ireland. will this happen only to british child. any comment.thanks

I would love to hear answer to your post…

Just cross to the south and claim ur right.

I got my résidence document after mine months of applying..they didnt send à coa..valid for 5 yrs.