Latest On Zambrano Update

[bobrussell]

In the EU courts the Zambrano case allows (under certain circumstances) a non-EU subject the right of residence and to work if they have an EU citizen dependent child (or adult). Whilst this may not be of direct importance to most of those applying for settlement visas from Thailand, it may have very significant impact for some that have already arrived in the UK. As far as I can see it may even apply outside the UK.

I am not legally qualified so don't rely on my information but get qualified advice! Under the freedom of information Act the following reply was given by the UKBA:

http://www.whatdotheyknow.com/request/88417/response/220326/attach/html/2/FOI%2020234%20zambrano%20v0%201.pdf.html

(Sorry tried to attach it but could not!)

Edited October 25, 2011 by bobrussell

[VisasPlus]

Good post. That is interesting information, and it does say that the judgment doesn't apply to overseas applications ( well, it actually says that there is currently no provision to issue an EEA permit ). This will, no doubt, invite the argument that no EEA permit is required as it is the "dependant's" right to enter and remain in the UK. Problem is , of course, getting on a plane without a visa or an EEA family permit.

[bobrussell]

The argument has already been made that those people that have had to leave the UK despite satisfying the requirements should reapply ASAP. This might apply to a number of Thai's with EU citizen dependent children.

I have read the Zambrano judgement and a number of legal responses to it and I cannot see that the UKBA can get out of allowing residency even if outside the country. If a British passport holding dependent has had to return to Thailand as a result of the responsible parent being made to leave the UK then that child is being deprived of the 'genuine enjoyment of the substance of the rights attaching to the status of EU citizenship' as they so succinctly put it!

I do wonder if this could open the floodgates though!

Edited October 25, 2011 by bobrussell

[7by7]

Very interesting, but one question left unanswered which I hope someone may be able to answer.

A Friend of ours is coming to the end of her 27 month spouse visa. During that time her husband decided that he didn't want her anymore and kicked her out; even though she was pregnant by him at the time.

She has since given birth, and I understand that the husband is named on the birth certificate, and even if he isn't the child would still be a British citizen as she was born in the UK and her mother, at the time of the birth, was resident in the UK.

So, to cut a long story short, she wants to stay in the UK and I've told her that she can apply under this judgment; but does anyone know how?

I'm assuming she can't use SET(M) as her husband wont support the application, so should she use SET(O), FLR(O) or something else?

[VisasPlus]

Very interesting, but one question left unanswered which I hope someone may be able to answer.

A Friend of ours is coming to the end of her 27 month spouse visa. During that time her husband decided that he didn't want her anymore and kicked her out; even though she was pregnant by him at the time.

She has since given birth, and I understand that the husband is named on the birth certificate, and even if he isn't the child would still be a British citizen as she was born in the UK and her mother, at the time of the birth, was resident in the UK.

So, to cut a long story short, she wants to stay in the UK and I've told her that she can apply under this judgment; but does anyone know how?

I'm assuming she can't use SET(M) as her husband wont support the application, so should she use SET(O), FLR(O) or something else?

7x7. This may help, but it doesn't actually explain the process :

Applications for documentation made after-entry to the UK

14. Applications made after entry for documentation to confirm a right to reside in the UK

on the basis of the Ruiz Zambrano judgment should be made to the European

Caseworking team. Where an application is considered to potentially come within the

agreed high-level scope of the judgment (as outlined in section B of this instruction),

then these must be accepted into the business and held until changes to the

Regulations have been made which will make provision for the Agency to issue formal

documentation.

15. A certificate of application (COA) must be issued in such cases to enable the third

country national to reside and work in the UK whilst a substantive consideration of

their claimed right is pending.

16. Applications which do not potentially fall within the scope must be rejected at the Front

End Sift.

17. Additional guidance will be issued to operational staff by European Casework

managers on the process to be followed in these cases.

It ends with:

. Any policy enquiries on this notice should be addressed to Serena Bryant (0151 213

4443)

Maybe you try giving them a call ? This is from the document supplied by bobrussell.

[7by7]

Thanks, VP.

I printed the document off last night (UK time) but haven't had a chance to study it thoroughly yet.

I'll try calling Ms Bryant.