Major ECJ ruling affecting Non EEA parents with dependent children

[johncar54]

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.

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[Terpe]

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.

[joebloggs]

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

[scott&ligaya]

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.

[Terpe]

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.

Scott, sorry to say this, but that's not the case.