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JCWI and ILPA update on Zambrano case | Immigration Matters

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The JCWI has released the following update on the Zambrano judgement.

As we keep getting Zambrano searches on our blog,  we thought we’d do a quick update to our previous post  given that we were awaiting some kind of response from the UK Border Agency at the time we last wrote about it.

Basically the UK Border Agency has confirmed in a letter to ILPA that it will be looking at putting regulations to reflect the Zambrano judgment in place ‘before the close of 2011 at the earliest’.

UKBA’s understanding of the judgment

The UK Border Agency interprets the Zambrano judgment to apply to: a) third country nationals upon whom British children are dependent and b) third country nationals upon whom a British citizen adult is dependent. It takes the view that the judgment does not apply in cases where dependency is simply financial.

Arrangements for applications

From 19 September 2011 therefore, applications for Certificates of Applications will be granted where people can show that they potentially  fall within the scope of Zambrano (as per above understanding)  and are able to evidence this through documentation showing: a)that the dependent is a British citizen, b) the existence of a relationship and c) dependency. Once the relevant Regulations come into effect, applications will be considered substantively, and documentation will be issued according to those Regulations.

In removal cases those who potentially fall within the scope of Zambrano as per above understanding should have removal suspended pending a substantive decision on their case.

Future changes?

It may be that the above understanding ultimately changes. The Austrian courts have lodged a preliminary reference to the ECJ in  Dereci and Others v Bundesministers fur Inneres .

They’ve basically asked whether Article 20 of TEFU prevents a member state from refusing residence where Union citizens are not dependent on the third country nationals for subsistence in a range of different circumstances, and in a range of different familial relationships.

The Austrian courts have also asked for clarification about the circumstances  in which a third country national can be denied the right of residence in the above context. However, given that the reference is apparently not by way of accelerated procedure, we’re not expecting to see this judgment for a few years yet. Source: JCWI

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12 Responses to “JCWI and ILPA update on Zambrano case”
Read them below or add one

  1. You should really take advice first before applying.

  2. sarah korkmaz says :

    ok so i think if i have read that right it may well apply to us so how do i apply under these rules ?

  3. Have you taken advice? You did not give much detail about your case or what your appeal was on?

  4. Hello, my name is Mihai. i am a romanian citizen liveing in Ireland and also a parent of irish born child. i got a refusal from high court becouse zambrano case doesnt apply to me becouse i am a eu member and Zambrano apply only to non eu. its that normal? romania and bulgaria doesnt have fully rights as u now sow we are left outside everything. Can you please tell me what shoud i do? thanks. Zambrano case reffers to all the children from eu with no barriers to be protected in there own countrys.

  5. […] Agency confirmed in a letter to ILPA that it will be looking at putting regulations to reflect the Zambrano judgment in place ‘before the close of 2011 at the […]

  6. I am resident in Ireland on zambrano case(i am pakistani national) ,
    as one my 4 years old daughtr is Irish citizen. On the basis that i am Irish resident , can i work in uk OR is there any other catergory of having permission to work in UK with out going through work permit???

  7. Niki Goss says :

    Tuesday 15/11/2011
    09:30 Judgment
    Citizenship of the UnionDereci and Others
    Court of Justice – Grand Chamber DE New Great Courtroom

  8. […] has confirmed in a letter to ILPA that it will be looking at putting regulations to reflect the Zambrano judgment in place ‘before the close of 2011 at the […]

  9. Pls I would like a clarification on the word british chid is it a child born in the UK by one of the parents being british or if the two parents are form the out eea or eu becos the children born by the parents who are not british citizens are not refered to as citizens pls need a clarification. Thanks

  10. […] Court of Justice of the European Union (ECJ) recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgement creates a right to reside and work for the sole carer of a dependent […]

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