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New Helpful Zambrano Guidance

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

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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Obie
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New Helpful Zambrano Guidance

Post by Obie » Wed May 10, 2017 12:18 pm

The CJEU has provided a more helpful Zambrano guidance.

Chavez-Vilchez and Others Case C-133/15.

Court of Appeal position on Zambrano is erroneous and can no longer be followed.

The fact that there is a parent who is a Union Citizen and in the memberstate is a factor, but not the only relevant factor in determining whether Zambrano is applicable or not.

It follows that some of the decision of the COurt of Appeal may well be erroneous.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

c13315
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Re: New Helpful Zambrano Guidance

Post by c13315 » Wed May 10, 2017 9:09 pm

http://curia.europa.eu/juris/document/d ... cid=705846

54 However, the Court has held that, when a Union citizen returns to the Member State of which he is a national, the conditions for granting a derived right of residence, based on Article 21(1) TFEU, to a third-country national who is a family member of that Union citizen and with whom that citizen has resided, solely by virtue of his being a Union citizen, in the host Member State,

those conditions should not, in principle, be more strict than those provided for by Directive 2004/38 for the grant of such a right of residence to a third-country national who is a family member of a Union citizen in a case where that citizen has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national (see, to that effect, judgment of 12 March 2014, O. and B., C‑456/12, EU:C:2014:135, paragraph 50).
In the UK, the conditions on Zambrano carers are more strict than those for third country nationals who are family members of Union citizens. Whereas third country nationals can access benefits, Zambrano carers can not.

So, if a Zambrano carer applies for mainstream benefits today in the UK, will they be granted those benefits? What about Zambrano carers who were denied benefits in the past? Is there a case against the UK? Will Zambrano carers have to go to Court to access mainstream benefits in line with what family member(s) of EU citizens receive?

Obie
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Re: New Helpful Zambrano Guidance

Post by Obie » Thu May 11, 2017 12:48 pm

I think you are misinterpreting that statement.

I think the court was referring to children who had resided lawfully in another memberstate and then returning to the UK with their UK third Country National family member.

Those CHildren will fall into the so called Surinder Singh case. The will not be a Zambrano case, which is Article 20, but rather a OB/ Surinder SIngh Case under Article 21.

I will not say surinder Singh or Eind, as those case deals with the situation of Economically active people .
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

caspiansea
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Re: New Helpful Zambrano Guidance

Post by caspiansea » Fri May 12, 2017 1:12 pm

Zambrano children who reside lawfully in another member state and then return to the UK with their UK third Country National family member are not automatically granted Surinder Singh status. Therefore, those children remain under Article 20, which is blatant discrimination.

As such, they should not be treated differently from Surinder Singh or EU children with 3rd Country parents.

Moreover, the court is drawing a distinction between two groups. It is not clear from your response what two groups you are differentiating.

Obie
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Re: New Helpful Zambrano Guidance

Post by Obie » Fri May 12, 2017 1:42 pm

caspiansea wrote:Zambrano children who reside lawfully in another member state and then return to the UK with their UK third Country National family member are not automatically granted Surinder Singh status. Therefore, those children remain under Article 20, which is blatant discrimination.
UK are bound by EU law, so i have no Idea that SIngh will not be applied to Children by virtue of Article 21.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

mrsliyai
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Re: New Helpful Zambrano Guidance

Post by mrsliyai » Fri Sep 01, 2017 5:51 pm

Obie,

My unmarried partner (kenyan) and I (British) along with our baby daughter resided in malta for 8 months where I was self employed.

We returned to the UK in late 2015 and applied for a UK residence card under surinder singh but it was refused because they said surinder singh doesnt apply to efm's. We appealed and have a court date in a couple weeks but because of Sala its probably going to be thrown out.

Can we apply for a UK residence card under surinder singh again but this time use my daughter as the sponsor. She had a residence card in Malta, photos in malta, and plane tickets entering and exiting but not much else because she was a baby.

Any thoughts?

vinny
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Re: New Helpful Zambrano Guidance

Post by vinny » Thu May 16, 2019 2:05 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
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doury
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Re: New Helpful Zambrano Guidance

Post by doury » Mon May 27, 2019 4:40 am

mrsliyai wrote:
Fri Sep 01, 2017 5:51 pm
Obie,

My unmarried partner (kenyan) and I (British) along with our baby daughter resided in malta for 8 months where I was self employed.

We returned to the UK in late 2015 and applied for a UK residence card under surinder singh but it was refused because they said surinder singh doesnt apply to efm's. We appealed and have a court date in a couple weeks but because of Sala its probably going to be thrown out.

Can we apply for a UK residence card under surinder singh again but this time use my daughter as the sponsor. She had a residence card in Malta, photos in malta, and plane tickets entering and exiting but not much else because she was a baby.

Any thoughts?

doury
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Re: New Helpful Zambrano Guidance

Post by doury » Mon May 27, 2019 4:42 am

doury wrote:
Mon May 27, 2019 4:40 am
mrsliyai wrote:
Fri Sep 01, 2017 5:51 pm
Obie,

My unmarried partner (kenyan) and I (British) along with our baby daughter resided in malta for 8 months where I was self employed.

We returned to the UK in late 2015 and applied for a UK residence card under surinder singh but it was refused because they said surinder singh doesnt apply to efm's. We appealed and have a court date in a couple weeks but because of Sala its probably going to be thrown out.

Can we apply for a UK residence card under surinder singh again but this time use my daughter as the sponsor. She had a residence card in Malta, photos in malta, and plane tickets entering and exiting but not much else because she was a baby.
You should try to apply Zambrano under eu settlement and also the Surinder Singh now accept unmarried partner you can call the eu resolution hep line they will send you a form after taking few details

doury
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Re: New Helpful Zambrano Guidance

Post by doury » Mon May 27, 2019 4:48 am

From first of may Zambrano career can apply under eu settlement and Surinder sight as a unmarried partner are also accepted if you have a eu resistance card issue as family member in a another eu country you don’t need to prove your right of residence in a another eu country for settlement I am sending the form for Surinder Singh under the settlement very simple

doury
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Re: New Helpful Zambrano Guidance

Post by doury » Mon May 27, 2019 4:49 am

This is the application form for Surinder sight under EU Settlement Scheme https://www.whatdotheyknow.com/request/ ... sthrough=1

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