Ruiz Zambrano Judgement

moshraf ali made this Freedom of Information request to UK Border Agency

Waiting for an internal review by UK Border Agency of their handling of this request.

From: moshraf ali

27 May 2012

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

Yours faithfully,

Mr. Ali

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From: Freedom Of Information Team ( IND )
UK Border Agency

28 May 2012

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.

Kind Regards

UKBA
FOI Team

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From: European Operational Policy Enquiries
UK Border Agency

31 May 2012

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.

Yours Sincerely

European Operational Policy team

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From: moshraf ali

1 June 2012

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.

Yours sincerely,

moshraf ali

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From: European Operational Policy Enquiries
UK Border Agency

1 June 2012

Thank you for contacting European Operational Policy Enquiries.

We aim to provide a response to enquiries sent to this mailbox within 10
working days.

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

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