JCWI and ILPA update on Zambrano case
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
Reader Comments
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
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???
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.
Have you taken advice? You did not give much detail about your case or what your appeal was on?
ok so i think if i have read that right it may well apply to us so how do i apply under these rules ?
You should really take advice first before applying.