I’ve previously posted up the publicly available UKBA guidance on Zambrano, but a commenter very helpfully posted a link to more information available on the Wornham & Co blog. I don’t myself post letters to or from ILPA unless the information is public, but there is some suggestion in the letter that information has already been passed to ‘select’ representatives and Wornham & Co have put the letter ‘out there’ anyway now!
The key passages are as follows:
The judgment applies only to cases in which the dependent Union citizen is within their state of nationality. For the United Kingdom this means that the judgment applies only to cases involving dependent British citizens. Secondly, it has been agreed the judgment does not apply in cases where dependency is simply financial. There are, therefore, two classes of potential beneficiary:
- A third country national adult upon whom a British citizen child is dependent
- A third country national adult upon whom a British citizen adult is dependent.
In order to demonstrate that a person is the potential beneficiary of this judgment and be issued with a certificate of application, then the following evidence will be required from the applicant:
- Evidence the dependent national is a British citizen, and
- Evidence of relationship, and
- Adequate evidence of dependency between the applicant and British citizen.
The letter also refers to guidance being given to staff, which seems to imply that more detailed guidance is available somewhere but has not been published. This must surely be the case because the phrase ‘adequate evidence of dependency’ is very far from self explanatory. I’ve now gotten round to putting in a Freedom of Information request and if I have any joy will let you know.
This also gives me a chance to make some further comment on the guidance.
- Neither the British citizen nor the foreign national need be a child – UKBA is applying Zambrano in spouse cases as well as children cases, as long as ‘adequate evidence of dependency’ is presented (whatever that means)
- Applications should be made on an EEA2 (see here for confirmation)
- Between March 2011 and June 2011, UKBA received 98 applications based on Zambrano (see here for source)
- New applications from 11 September 2011 onwards will not be decided but will be acknowledged by UKBA. The acknowledgement letter will permit the applicant to work in the meantime, and a decision will only be made on an application once the EEA regulations have been amended, which will occur at the earliest towards the end of 2011.
There is a reference to ‘sole carer’ in the public guidance, such as it is. This is not a criterion as such, I would suggest. The words are used in the context of describing the nature of the Zambrano ruling. The test that UKBA seem to be applying is one of whether there is adequate evidence of dependency, and not just financial dependency.