Non-EU Parents with EU Citizen - Ruiz Zambrano Case

[eea_noneu]

Hi All,

We both parents are Non-EU nationals and our minor baby (5 years old) is Irish Citizen. We (Parents) both are on Tier 1 General and Tier 1 General Dependent visa respectively and into 5th year. By March 2012 my visa stay with 5 years finishes. But there are several back and forth journeys happend in the first year, so I may need to extend my visa again for getting eligibility for settlement 5 year period.

Here lot of UKBA fees involved for each application, 1st If I try for settlement its almost £1500 and If it refused then again fees for visa extension, then again Settlement application fee after an year, so almost £4000 in fees to UKBA. Apart from fees to UKBA, I need to go through all the PBS system even for settlement.

My baby i.e Irish Citizen is attending school in the UK.

I am considering to use Zambrano case and EU Law to beat the heavy fees charged by UKBA and the new rules to obtain settlement by UKBA. First to switch as a family member and then to settlement.

Can my application will be considered under EEA Family route with new Ruiz Zambrano ruling.

Chen case gives the right to residency for the non-eu parents but Zambrano case gives the right to residency + employment

As per Zambrano ruling the member states are prevented to refuse right to residence and work for Non-EU parents of minor EU Citizen.

Thanks.

[vinny]

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