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Major ECJ ruling affecting Non EEA parents with dependent children

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.

Full judgement here.

This entry was posted in Dependants, EU nationals and family members, European law, Settlement. Bookmark the permalink.

One Response to Major ECJ ruling affecting Non EEA parents with dependent children

  1. Abayomi Dada says:

    I have an Irish son, leaves in the UK with my wife and a little daugter (The three of us, third country national).

    I came to the UK four years ago to study and within those period, I have been able to achieve 2 academic qualification a BA (Hons) 2:1 and an MBA. in addition, I have been able to acuire one profesional qualification.

    With my EU child, I have had to apply to work under various Tiers category of immigration law so that I can be able to work to support my family incuding my EU child because the Chen law will not give me the right to work thereby rendering my investments in education a waste. having paid through those education as an international student.

    I believe these new law is a step in the right direction and i hope UKBA will stop keeping quiet about the existence of this new law which has come to replace the provision of the Chen ruling and bring out a guideline or policy that will enable somebody like me (who will in no way be a burden on the economy but will rather contribute positively to the economy) to apply for a residence and working permit under the new ruling.