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Can someone please interprete what this paragraph mean please ?? Its a paragraph from here -

http://www.ilpa.org.uk/data/resources/1 ... o-v0-1.pdf


[b]19. However, appellants subject to deportation action should not have any deportation action suspended. The right to reside and work established under the Ruiz Zambrano judgment is not derived from the Free Movement Directive.
This means that applicants who assert a right to reside in accordance with this judgment can not rely on the greater protection against removal provided for by the Directive when facing deportation action. This therefore means that even where a person potentially comes within the scope of Ruiz Zambrano in accordance with section B above ,that they can still be deported where their presence in the UK is not in the public interest.
[/b]

Does this mean that one can be deported when arrested say at a registry wedding , even if one has a pending Zambrano application ?

i saw this in another FOI request, and i assumed that it could... but who knows? I assume that if zambrano is in place, they wont attempt removal, as this would mean you go "well you need to arrange for XX to come too, because they cannot remain here alone"... thus- demonstration that your removal would also remove XX from the eu...?

there is nothing stopping them attending the registry office and "detaining you"... it might be a "safer" option in terms of marriage for a church wedding to prevent this ? - the registry office is in contact with UKBA in regards to marriage etc (when my wife and I married, we were adviced that a church wedding would be a "safer option" by a registrar...)

wiggsy wrote:i saw this in another FOI request, and i assumed that it could... but who knows? I assume that if zambrano is in place, they wont attempt removal, as this would mean you go "well you need to arrange for XX to come too, because they cannot remain here alone"... thus- demonstration that your removal would also remove XX from the eu...?

there is nothing stopping them attending the registry office and "detaining you"... it might be a "safer" option in terms of marriage for a church wedding to prevent this ? - the registry office is in contact with UKBA in regards to marriage etc (when my wife and I married, we were adviced that a church wedding would be a "safer option" by a registrar...)

What did the FOI request say ? Kindly post a link pls , if u could.

Wiggsy , how long ago did you get married ?

sorry, Freedom of Information request... - i will have to find it... i more than likely saved it - but i have hundreds of documents saved on my laptop in relation to our case... will have to find the correct reference no


we got married in 2011 we opted for a church more by choice as wifes parents were able to come to the uk with the sponsorship of their son (wifes brother),,,

however, with the amount of stories ive read about UKBA turning up at registry office ETC, i think it might be the best move... (the lady who we saw when we approached the registry office to get married could see we had our daughter etc... so i think she gave us the advice to help us etc) - she said that all details of marriage went to UKBA if the registrars were conducting the service etc. - this includes if the wedding is at a hotel etc too.

A church wedding is seperate... The Bishop authroises the wedding by a "Bishops Common License". although a church wedding costs A LOT MORE money... (although some churches do conduct weddings for a donation etc - my friends church doesnt have a fee... but its a case of "if you can give, we would appriciate all the help you can give us" etc.

Im not sure if policys have changed since... and this was AFTER the removal of the cert of approval requirement was removed.

also- bear in mind...

if a decision affects a child (anybody under 18 - whether or not that child is a direct relative) then the Childrens Act comes into play... ALONG with Section 55 of the immigration act... (decisions which affect children in the UK)

along with United Nations treaties - international law Rights of the child...
and Article 24 of EU - rights of a child...
https://www.whatdotheyknow.com/request/ ... ing-374870

this is a clear reading of the UN's rights of a child...
http://www.crae.org.uk/rights/uncrc.html
I particularly like Article 7, point 2.... stating BOTH parents...

wiggsy wrote:sorry, Freedom of Information request... - i will have to find it... i more than likely saved it - but i have hundreds of documents saved on my laptop in relation to our case... will have to find the correct reference no


we got married in 2011 we opted for a church more by choice as wifes parents were able to come to the uk with the sponsorship of their son (wifes brother),,,

however, with the amount of stories ive read about UKBA turning up at registry office ETC, i think it might be the best move... (the lady who we saw when we approached the registry office to get married could see we had our daughter etc... so i think she gave us the advice to help us etc) - she said that all details of marriage went to UKBA if the registrars were conducting the service etc. - this includes if the wedding is at a hotel etc too.

A church wedding is seperate... The Bishop authroises the wedding by a "Bishops Common License". although a church wedding costs A LOT MORE money... (although some churches do conduct weddings for a donation etc - my friends church doesnt have a fee... but its a case of "if you can give, we would appriciate all the help you can give us" etc.

Im not sure if policys have changed since... and this was AFTER the removal of the cert of approval requirement was removed.

The lady at the registry must be really nice. Was she a staff at the registrar's office , or a solicitor ?

OLUMUYIWA wrote:

wiggsy wrote:sorry, Freedom of Information request... - i will have to find it... i more than likely saved it - but i have hundreds of documents saved on my laptop in relation to our case... will have to find the correct reference no


we got married in 2011 we opted for a church more by choice as wifes parents were able to come to the uk with the sponsorship of their son (wifes brother),,,

however, with the amount of stories ive read about UKBA turning up at registry office ETC, i think it might be the best move... (the lady who we saw when we approached the registry office to get married could see we had our daughter etc... so i think she gave us the advice to help us etc) - she said that all details of marriage went to UKBA if the registrars were conducting the service etc. - this includes if the wedding is at a hotel etc too.

A church wedding is seperate... The Bishop authroises the wedding by a "Bishops Common License". although a church wedding costs A LOT MORE money... (although some churches do conduct weddings for a donation etc - my friends church doesnt have a fee... but its a case of "if you can give, we would appriciate all the help you can give us" etc.

Im not sure if policys have changed since... and this was AFTER the removal of the cert of approval requirement was removed.

The lady at the registry must be really nice. Was she a staff at the registrar's office , or a solicitor ?

Olumuwiya, what the article you referred to above was saying is that:

Under the Free Movement Directive, as a family member of a EU national, that Directive gives you greater protection than Zambrano because Zambrano is not derived from the Directive. You should also bear in mind that deportation and removal are two separate terms and does not mean the same thing.

If you were arrested after you had applied or granted a Zambrano status and the states wishes to deport you, either due to criminal activities or for reasons not conducive to the public, the Zambrano residence card would not give you protection against deportation. But if, for instance you were granted a visa as a spouse or family member of a EU national (that is, not a British citizen), then it would be very difficult for the state to deport or remove you because the visa you hold as a family member of a EU national is derived from the Free Movement Directive. In a nutshell, visas granted under the Free Movement Directive offers greater protection against removal or deportation.

[quote="Prince74"][quote="OLUMUYIWA"][quote="wiggsy"]sorry, Freedom of Information request... - i will have to find it... i more than likely saved it - but i have hundreds of documents saved on my laptop in relation to our case... will have to find the correct reference no


we got married in 2011 we opted for a church more by choice as wifes parents were able to come to the uk with the sponsorship of their son (wifes brother),,,

however, with the amount of stories ive read about UKBA turning up at registry office ETC, i think it might be the best move... (the lady who we saw when we approached the registry office to get married could see we had our daughter etc... so i think she gave us the advice to help us etc) - she said that all details of marriage went to UKBA if the registrars were conducting the service etc. - this includes if the wedding is at a hotel etc too.

A church wedding is seperate... The Bishop authroises the wedding by a "Bishops Common License". although a church wedding costs A LOT MORE money... (although some churches do conduct weddings for a donation etc - my friends church doesnt have a fee... but its a case of "if you can give, we would appriciate all the help you can give us" etc.

Im not sure if policys have changed since... and this was AFTER the removal of the cert of approval requirement was removed.[/quote]

The lady at the registry must be really nice. Was she a staff at the registrar's office , or a solicitor ?[/quote]

Olumuwiya, what the article you referred to above was saying is that:

Under the Free Movement Directive, as a family member of a EU national, that Directive gives you greater protection than Zambrano because Zambrano is not derived from the Directive. You should also bear in mind that deportation and removal are two separate terms and does not mean the same thing.

If you were arrested after you had applied or granted a Zambrano status and the states wishes to deport you, either due to criminal activities or for reasons not conducive to the public, the Zambrano residence card would not give you protection against deportation. But if, for instance you were granted a visa as a spouse or family member of a EU national (that is, not a British citizen), then it would be very difficult for the state to deport or remove you because the visa you hold as a family member of a EU national is derived from the Free Movement Directive. In a nutshell, visas granted under the Free Movement Directive offers greater protection against removal or deportation.[/quote]

Ok, is a pending zambrano application strong enough to protect against deportation if.say u are arrested. For height in the country without leave?

OLUMUYIWA wrote:

Prince74 wrote:

OLUMUYIWA wrote:

wiggsy wrote:sorry, Freedom of Information request... - i will have to find it... i more than likely saved it - but i have hundreds of documents saved on my laptop in relation to our case... will have to find the correct reference no


we got married in 2011 we opted for a church more by choice as wifes parents were able to come to the uk with the sponsorship of their son (wifes brother),,,

however, with the amount of stories ive read about UKBA turning up at registry office ETC, i think it might be the best move... (the lady who we saw when we approached the registry office to get married could see we had our daughter etc... so i think she gave us the advice to help us etc) - she said that all details of marriage went to UKBA if the registrars were conducting the service etc. - this includes if the wedding is at a hotel etc too.

A church wedding is seperate... The Bishop authroises the wedding by a "Bishops Common License". although a church wedding costs A LOT MORE money... (although some churches do conduct weddings for a donation etc - my friends church doesnt have a fee... but its a case of "if you can give, we would appriciate all the help you can give us" etc.

Im not sure if policys have changed since... and this was AFTER the removal of the cert of approval requirement was removed.

The lady at the registry must be really nice. Was she a staff at the registrar's office , or a solicitor ?

Olumuwiya, what the article you referred to above was saying is that:

Under the Free Movement Directive, as a family member of a EU national, that Directive gives you greater protection than Zambrano because Zambrano is not derived from the Directive. You should also bear in mind that deportation and removal are two separate terms and does not mean the same thing.

If you were arrested after you had applied or granted a Zambrano status and the states wishes to deport you, either due to criminal activities or for reasons not conducive to the public, the Zambrano residence card would not give you protection against deportation. But if, for instance you were granted a visa as a spouse or family member of a EU national (that is, not a British citizen), then it would be very difficult for the state to deport or remove you because the visa you hold as a family member of a EU national is derived from the Free Movement Directive. In a nutshell, visas granted under the Free Movement Directive offers greater protection against removal or deportation.

Ok, is a pending zambrano application strong enough to protect against deportation if.say u are arrested. For height in the country without leave?

It would protect again removal but wouldn't protect the person against deportation.