Results 1 to 5 of 5
-
12th September 2011 #1
- Join Date
- Aug 2008
- Location
- Spain since 1988. My wife has been here since June 2006
- Posts
- 2,384
- Rep Power
- 99
Major ECJ ruling affecting Non EEA parents with dependent children
An important ruling for those affected.
Major ECJ ruling affecting Non EEA parents with dependent children
March 11, 2011
In the case of Gerardo Ruiz Zambrano v Office national de l’emploi (ONEm), the ECJ has ruled that a parent who is a third country national must be given right of residence and are also exempt from having to obtain a work permit within a Member State if they have a dependent child who is either a EU national or entitled to EU nationality.
This has huge implications for migrants in the UK who have previously been removed on the basis that being a parent of a British child did not confer an automatic entitlement to remain in the UK or have been prevented from working in Britain.
The ECJ ruling concludes that denying residence to the parent and/or restricting rights to work effectively means that the child is unable to exercise the substance of the rights conferred on them by virtue of their status as citizens of the Union and thus is illegal.
[COLOR="rgb(0, 0, 0)"]http://blog.davidsonmorris.com/category/settlement/[/COLOR]
-
12th September 2011 #2
- Join Date
- Aug 2010
- Location
- Marikina City
- Posts
- 26,785
- Rep Power
- 150
This is quite a complex judgement and as usual with the ECJ raises more questions than answers. The judgment may prove to be so unpopular that it might unintentionally add even more onerous consequences on national migration rules and nationality law.
At this time no-one is really understands on the implications of differing interpretations, other than it will probably keep national courts, the ECJ and EU Court of Human Rights very busy for quite a few years.
Challenges for UK courts (and others) will come when a parent cannot meet requirements for leave to remain within current immigration rules, and has been refused leave to stay under Discretionary terms.
Or alternatively, where an applicant, not yet in UK, makes an appeal against refusal of visa entry clearance (leave to enter) and uses this ECJ judgement as the reason why the refusal be rejected and application for entry visa be granted.
You would most certainly need good legal and immigration advice if you wanted to take that route and involve a UK tribunal and UK courts to actually implement this decision in your favour.
However, this ECJ judgement does have the potential to go against all current immigration rules, previous tribunal rulings/cases and previous court decisions.
Therein lies the danger.
-
13th September 2011 #3
as terpe has posted, this is probably not as straight forward as it might seem
Ireland has implemented Zambrano
more info here for those applying in Ireland.
http://www.inis.gov.ie/en/INIS/Pages/WP11000038
-
14th September 2011 #4
so this could mean if you a Filipina wife and already have a British child with her then she will not need spouse visa or ILR as she would be allowed to be in the Uk with her child.. cannot see that happening.. then again I may have made a mis interpretation.. leave it to Joe and Terpe.
Live your life for a reason and don't worry be happy
if you don't know where you are going then any road will do!!
-
14th September 2011 #5
- Join Date
- Aug 2010
- Location
- Marikina City
- Posts
- 26,785
- Rep Power
- 150
Thread Information
Users Browsing this Thread
There are currently 1 users browsing this thread. (0 members and 1 guests)
Similar Threads
-
sponsorship earnings for dependent children
By bigmac in forum Help & AdviceReplies: 4Last Post: 7th January 2014, 10:28 -
Children taken away from foster parents because they were members of UKIP.
By andy222 in forum News UKReplies: 33Last Post: 25th November 2012, 21:52 -
Spouse Visa with 2 dependent Children
By MarkR in forum UK VISA/British CitizenshipReplies: 11Last Post: 13th February 2012, 18:22 -
dependent children...
By marylen in forum UK VISA/British CitizenshipReplies: 1Last Post: 6th March 2008, 07:27 -
dependent children
By john sergison in forum UK VISA/British CitizenshipReplies: 3Last Post: 30th July 2007, 19:15