Dear UK Border Agency,
The Court of Justice of the European Union delivered their judgment on the case of Ruiz Zambrano (case number C34/09) on the 08/03/2011. This judgement requires Member States to allow third country national parents of a child who is a European Union citizen to reside and work in the Member State of which the child is a national of.
On the 21/09/2011 the UK Border Agency made public announcement on the UKBA website that it will amend the Immigration EEA Regulations 2006 to take effect of the judgment to enable the correct documents issued to confirm a person has the right to live in the UK on the basis on the Ruiz Zambrano judgement. The announcement did not confirm a specific date as to when the regulation will me amended however it mentioned that UKBA intends to amend the regulation by the end of 2011 however the regulation has still not been amended and people can not be issued with a formal document to confirm they have the right of residence.
I understand a Certificate of Application would be issued to person's who makes an application and can demonstrate they fall within the scope of Ruiz Zambrano judgment. The COA would permit the holder to work and live in the UK until the regulation is amended.
Can UKBA please answer my question(s) below so people are not left in the dark.
1. When will the Immigration EEA Regulations 2006 be amended to take effect of case C34/09 to enable the correct documents to be issued to a person?
2. A person who possesses a Certificate of Application issued by the UKBA on the basis of Ruiz Zambrano judgment can not be permitted to re enter the UK with the COA. How does that person re enter the UK with the European Union citizen child in accordance with the Ruiz Zambrano from outside the European Union and what is the process?
I make this request for information under the provision of the FOI Act
Dear Moshraf Ali
Re: Ruiz Zambrano Judgement (117799)
Thank you for your recent e mail concerning the above matter. We are currently dealing with your enquiry and will respond shortly.
Dear Mr Ali,
Thank you for your email below in which you have asked when the Regulations will be amended to give effect to the ECJ judgment in the case of Ruiz Zambrano and whether a person who has been issued with a certificate of application can leave the UK and then re-enter using this document. This request has been treated as a general enquiry rather than as a request under the Freedom of Information Act.
Firstly, the UK’s interpretation of the Zambrano judgment is subject to further discussion in the short term with Ministers and other Government departments. This means that changes to the Regulations to implement Zambrano are likely to be progressed later in 2012.
With regards to a certificate of application, this is not a document which confirms a person's right of residence under the Regulations but rather, informs a person of their right to work whilst their application is awaiting substantive consideration. It is not a document, therefore, which would enable a person to leave and then use to re-enter the UK with.
European Operational Policy team
Dear European Operational Policy Enquiries,
Thank you for the reply to my email however I do not consider my question has been answered. I am aware COA is not a travel document and I do not need you to advise me of this.
As UKBA International Group is responsible for entry to the UK, my question is:
A person in possession of COA for a Residence Card in accordance with the Ruiz Zambrano judgement, how does that person return to the UK with the minor dependent British citizen child from outside the UK on the grounds of Zambrano judgement while the British child has school place here in the UK to return to?
On the 08/05/2012 under FOI request reference 22555 the UKBA stated that the Ruiz Zambrano would be implemented by mid 2012. On the reply I received 31/05/2012 you are saying it would be progressed later 2012. Can you please state when and if it will be implemented rather than stating false statements because British citizen children as being denied their potential right because he or she is dependent on their non EU parent. I would appreciate sincere reply rather than spurious responses as members of the public are reading these messages.
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