Lawrencia on Immigration Law
Ruiz Zambrano; One Year On.
The judgement of the Court of Justice of the European Union's Grand Chamber in the case of Ruiz Zambrano (European citizenship) [2011] EUECJ C-34/09 (08 March 2011) was given in 2011. This article has been written for the benefit of those who currently know little or nothing about it. This is because more people are still making enquiries about the above case.
In summary, the court ruled that a non-European Union national parent of an European Union citizen child, has a right not only to reside within an European Union member state, but also to be granted the permission to work so as to ensure that the European Union citizen child can benefit from their rights as an European Union citizen.
Invariably, the case creates a right to reside and work for the sole carer(s) of an EU national child who is dependent on the carer(s), especially when that carer(s) has no other right of residence in a member state and removing the carer(s) from the member state would mean the dependant national would have to leave the European Union.
Case Scenario 1:
Andrew and Angela came to the UK in January 2001 as visitors. They were unable to return to their home country at the end of their visit because of circumstances beyond their control. They have overstayed. In early 2002 Angela gave birth to John their first child. John is currently 10 years and has lived in UK since he was born. John has been registered as a British on grounds that he was born in the UK and has lived in UK since his birth. Andrew and Angela may benefit from the Zambrano case because their removal or refusal to grant them permission to work could deprive John of enjoying his treaty rights.
Case Scenario 2:
Amanda entered the UK in 2009 as the spouse of Kofi who is a British citizen. Amanda gave birth to Ama their daughter in 2010. Ama is British because her father at the time of her birth was British. The marriage broke down beyond reconciliation. Kofi abandoned Amanda and Ama. Due to circumstances beyond her control, Amanda was unable to renew her visa in 2011. She has currently overstayed. Amanda can benefit from Zambrano because she is the sole carer of a British child and removal of her would deprive the British child from exercising her European Union rights.
The UKBA (Home Office) will amend the regulations in due course to reflect the judgement in the above case. In the meantime, the Home Office may issue a certificate of application to those who are able to show evidence of the following;
•that the dependant national is a British citizen;
•the relationship between the applicant and the British citizen; and
•adequate evidence of dependency between the applicant and the British citizen.
The certificate will enable a person to work in the UK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued in accordance with the changes made.
It is important to ensure that you satisfy the requirements before an application is made.
Disclaimer: This article only provides general information and guidance on UK immigration law. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information.
Lawrencia Afful is a practising solicitor and a member of the law society Immigration accreditation scheme. She is regulated by the Solicitors Regulation Authority (UK). Contact information: email; lawrenciaonimmigration@hotmail.com or telephone: +44 (0)7508 106 568/ +44 (0)7983972538.
