British children of EEA nationals

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  • #40072
    Anonymous
    Inactive

    Has anyone seen this yet…

    http://www.dwp.gov.uk/docs/m-35-11.pdf

    Looks like the UT has extended Zambrano to apply to EEA nationals with British children

    Thoughts?

    #114459
    Anonymous
    Guest

    Yes, but they are considering appealing it and their DMs will have to stay appeals on lookalike cases. I don’t know what the grounds of their appeal might be though. Presumably we can make our own independent decision on cases we get (and I had one not so long ago)

    #114477
    Kay_Tade
    Participant

    Well, glad to see a UT back up what my initial thought was BUT it needs clarification.

    Zambrano -v- oneM

    I can honestly I’m not sure about the reasoning/decision as the child can reside in another member state[Barring any dual nationality issues] and there are other ways, in this particular case, for the child to remain in the UK without the parent. Saying that, does that, in itself, affect a matter of choice for the child?.

    I guess the wider interpretation needs looking at.

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