The example of the Zambian case has become the leading precedent in the very complicated context of European immigration law while non-EEA nationals can expect a proper chance to stay and work in a host member state when their removal may harm an EEA child’s European citizenship rights. This article on the Zambrano case customarily explores the foundation of the case, its significance, and where the EU Settlement Scheme in the UK comes in as a body of law.
What is the Zambrano Case?
Zambrano case, or Gerardo Ruiz Zambrano, and the form in the European Court of Justice exists as a significant legal case. The core of the matter was the case of Colombian parents who were residents in Belgium and had children born there, and the other party was threatening to kidnap these children and take them into Colombia to prevent them from identifying themselves as immigrants.
The landmark Zambrano judgment, delivered by the CJEU, established a fundamental principle: it is problematic that a third-country national parent is unable to live and work in the member state where an EEA minor child gets routine care from him/her. This principle is adopted and well-founded in the postulate that such a denial would be unacceptable and, therefore, infringe on their European citizenship rights.
The Zambrano Case and the EU Settlement Scheme
Implications for UK Immigration
The implementation of Brexit by the United Kingdom on the issue of EU immigration resulted in major changes in UK immigration regulations. Nevertheless, the EU Settlement Scheme was adopted to protect the rights of EU citizen residents in the UK all included irrespective of the judgment in the Zambrano case.
Since May 1, 2019, individuals possessing a ‘Zambrano right to reside’ have had the opportunity to apply for two distinct statuses under the EU Settlement Scheme:
Settled Status: Such a status means the individual will be given a permanent right to reside or stay in the UK.
Pre-Settled Status: “Pre-settled status ” is the key that allows a limited right to reside in the UK once it has been filled in.
To be able to apply for these statuses, the applicant must have stayed in the UK before 31st December 2021.
Who Qualifies as Zambrano Carers?
Complex Eligibility Criteria
The range of reasons for the consideration of residence by the Zambrano is throughout the process deducing the genuine and inherent circumstances of the child in question.
Without owning an EU citizenship but looking after a UK permanent resident only in the UK, you may come under the umbrella of the Zambrano carer and have a derived right of residence.
The court recently had a decision in R (Akinsanya) Secretary of State for the Home Department [2021], where Zambrano carers can apply to stay or indefinitely reside under the EU Settlement Scheme except for those who already have been granted limited leave to remain under UK immigration rules. This pioneer judgment shall be extended and applicable in both cases for immigrants whose move is prominent on their minds and those who have no immigration status.
It is compulsory for Zambrano carers who do not have a leave to enter into force, to submit their applications before 30th of June 2021. The advantage of leave to remain allows the after-landed migrants to take the applications right away.
Pros and Cons of the Zambrano Carer Right of Residence
Weighing Your Options
Of all the different ways of obtaining legal residence, the Zambrano carer right stands out as it happened out of one single legal judgment. To this end, it gives rise to specific varies that must be looked at before Hesults in the UK.
Mr. Zambrano has won not only the case but also the hearts of people in the European Union who want to see more human rights protection.
Pros of the Zambrano Right of Residence
Access to the UK: Through the Zambrano directive, you will be allowed to live, enter, and work in the UK if you are the sole guardian of your child who is a European Economic Area national.
Path to ILR: While being granted Zambrano’s right of residence can indefinitely lead to the UK´s Indefinite Leave to Remain (ILR), that will usually be the only way that one can be successful in acquiring ILR in the absence of other eligibility requirements.
Freedom from Visa Regulations: Serve as in UK entry visas by Zambrano way do not subject the submission to a regime of restrictive UK visa rules that characterize a given UK visa category.
Cons of the Zambrano Right of Residence
Basic Support: The only means of subsistence for Eastern European children (aged under 18) in the UK is ‘only the basic social care’ while from social assistance at the local authorities.
Right to Work and Residence: The partner of the couple who is a European citizen and he/she is capable of handling all the responsibilities for the child’s care is granted citizenship immediately.
Overall, in a nutshell, the case of Zambrano has resulted in the formation of a separate immigration channel with both mountains and valleys. Being its flexibility, it differs significantly from the way UK visas and immigration applications are done, therefore, it is important to do a thorough pros and cons review so that you can decide to use it at all.
Understanding Reverse Discrimination
Reverse discrimination occurs when EU member states treat their own nationals less favorably than nationals from other EU countries in situations that do not involve cross-border elements. Historically, this has been a contentious issue as it raises questions about the equal treatment of EU citizens under the law.
The Zambrano Ruling
In the Zambrano case (C-34/09), the European Court of Justice (ECJ) ruled that a non-EU parent of EU citizen children could not be denied residency rights in Belgium, even though the situation was entirely internal (i.e., no cross-border movement was involved). The court emphasized that denying Zambrano the right to reside would effectively deprive his children, who were Belgian citizens, of their rights as EU citizens. This ruling established that Article 20 TFEU, which relates to Union citizenship, can be invoked in purely internal situations, thus expanding the scope of EU citizenship rights beyond traditional cross-border contexts12.
Implications for Reverse Discrimination
The ECJ’s decision implicitly challenged the concept of reverse discrimination by asserting that EU citizenship confers rights that cannot be undermined by national laws in purely internal situations. Advocate General Sharpston had suggested that Article 18 TFEU could be interpreted to prohibit reverse discrimination, but the court did not explicitly address this aspect in its ruling. Instead, it focused on ensuring that EU citizens could genuinely enjoy their rights without being forced to leave their home country due to their parents’ immigration status.
Key Takeaways
- Equality of Treatment: The ruling reinforced the principle that all citizens should be treated equally under EU law, regardless of their nationality or residence status within member states.
- Protection of Family Rights: It highlighted the importance of family unity and the rights of children as EU citizens, ensuring that parents cannot be removed in a way that would deprive their children of their citizenship rights.
- Legal Certainty: By allowing reliance on citizenship rights in internal situations, the Zambrano case provided greater legal certainty for individuals who might otherwise face reverse discrimination due to national laws.
A successful yes process requires legal experts well-versed and familiar with the intricacies of immigration law about the implications of the Zambrano case. To have the right already and to be able to explore all the advantages extraneous to the Zambrano route you certainly should seek aid and help from the renowned immigration lawyers that specialize in this sphere of law.
How Law and Visas Can Help?
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