Does provision of Ziolkowski benefits Non EEA family members

[sunrisebythesea]

Hi

I am hoping if anyone could advise on whether the decisions of the CJEC in Ziolkowski and Szeja extend to Non EEA family members of EU citizens? And if yes, where could I find this in writting?

The reason for refusal states: 'The Ziolkowski judgement has been considered however as judgement only extends to EEA national and their EEA national family members, not non-EEA national family members cannot benefit from the provision of Ziolkowski.'

Many thanks

[Obie]

Well i see no reason why it should not apply.

Infact it will make no sense if it did not. You cannot say on the one hand that those EEA national who have lawfully resided in a state before their state joined the EU should benefit from PR, but their family members can't there may be a fight with them. Coz it is becoming clear to me that it is not just Home Office that don't understand the law, but some judges don't understand it either.

[sunrisebythesea]

Hi Obbie

Thanks for your quick reply. We are planning to appeal the decision (not to issue permanent residence to my husband). That's why it would be very helpful to know if I could find anywhere in writting that Ziolkowski (or Lassal) benefits non EEA family members. In the past couple of days I have been reading various UKVI guidances, immigration regulations 2016 and various court judgements but have been unsucessful so far in either finding that it does or does not apply.