@ lucabrasi, Yes yes yes, you got my poin now. This is exactly what I've been pointing out as: Irrespective of the parent's immigration status as long as the child/children are either british,irish or holds a passport of any of the EU countries living in the EU member state then the law applies to them

This is exactly what I've been saying. If the child does not have any European passport but born in the EU, the zambarano does not apply. But if the child does have any European passport while his/her parents is illegal, then the law applies, and the parent have right to live with the child. I think I'm absolute right?

I responded to someone's comment, you barged in like a cow wey no get rope for neck calling me a liar, i ignored this and told you to stop acting like a plank (mind you i didn't call you one, was just advising you not to act like one), you responded calling me a fool, an olodo and a proffesional liar . . .so why is your hypocritical yansh now crying like "oku ti won gba asho lorun e", (a disrobed ghost) oni rada rada oshi, o ti dabi awon keke baje ko shey to, yen Gongosu oshi


Lol @ him calling Justdunce on me, ha ha ha, dogedelu'na ati dadandidi, twedledum and tweedledee, I see your problem. . . in the land of the blind. . .

Why is it always those who should only converse in English with a cloth covering their face - due to shame that their comprehension/listening/writing is wack - that is always trying to call other people's English out

By the way, answer my first questions to you, then we can proceed, they are already in minute phrases or do you need me to number them so you can clearly comprehend That is if you can count 1-2-3 though


Anyway, off to take my pikin to jeleosimi, would be back shortly, but if I am late because your ignorance/stupidity that's got me ROFLMAO since, na ayilala i go send after you




@ Lucabrasi

Did you see the arindin moves he just conjured up First he vehemently disagrees with your points that he is 100% right, then you repeat the same points and he does a u-turn and claims that was exactly the same thing he was saying, lol. He was even thanking you for understanding him You can't make it up

inspired_m:

Busy_body, I can read that you are an immigration Expert With emphasis in British Immigration.

My friend has a Child in the UK. His Son is British because the Mother is British But He ( The Father ) is Nigerian, He wants to Take Custody of the Son, How can he Go about it ? he is not Interested in acquiring British Citizenship or any sort, he just wants to give his Son the Best

Please your advice would be Most appreciated as a seasoned, experienced British Immigration Lawyer cu.m Consultant per Excellence that you are.

I usually don't do this since I have retired, but because it is you, £14k pere, jale jale, last price

Tell your friend not to raise his hopes too high though, because even if the Court grants him sole custody (they rarely grant Dads because Mums raises them better and usually allow Dad one visit a month on average), he should be prepared for the woman to run rings around him and frustrate him and not play ball just to use the child to get back at him, knowing he would have to go to Court everytime he needs her to comply

I love UK Family Courts for being naturally skewed in favour of women thereby screwing men up, i tell ya



UNSOLICITED ADVISE (THOUGH THIS ALONE IS WORTH £14K, I WILL DASH YOU FREE) - if the guy is sure his sperm's still sure, he should move on and go and sow his seed elsewhere, and if e nor sure for am, God giveth, God taketh, it is not a must to get married as not eneryone can due to men shortage, neither is it a must to have children, WHY IS HE WASTING HIS ENERGY ON JUST ONE CHILD ALONE , WHEN THERE ARE PLENTY ORPHANAGES IN NIGERIA WITH CHILDREN WAITING TO BE LOVED

lucabrasi:

@usewisdom
pls calm down what busy_body has written doesnt warrant that much vitriol being poured on her,why cant we nigerians calmly and rationaly state our views without resorting to name callings?no one will bother reading your comments no matter how helpful when you have started with curses and infantille verbal barbs.
[size=14pt]by the way busy_body is totally right about zambrano, the law is retroactive meaning that irrespective of what the status was before the very last judgement the latest judgement will triumph over and above what has been obtained before.[/size]


besides i hope you realise and yu can find it in the european treatise which i can make available for you if you want,[size=14pt]judgement from the ECJ and also european directives and regulations SUPERCEDE either english or irish or any other ec domestic immigration laws[/size],furthermore in an event where there is a clash between the domestic laws of the member state and the european directives/regulations the EU directives will triumph without any question.

the whole point of my preamble as far as this issue is concerned,zambrano will supercede any irish domestic immigration law,in fact the ukba have already started treating the relevant cases that fall under the zambrano purview

THANK YOU, THANK YOU, THANK YOU, GOD BLESS YOU, MAY YOUR FOUNTAIN OF KNOWLEDGE NEVER RUN DRY, I have to marry you by hook or by crook, you are the only man I can leave my e-harem consisting of 67 men for, in the blink of an eye, just say the word, don't keep this lady waiting too long though

lucabrasi:

^^^no worries just chill out and cut out the whole swearing and abuse,its obvious you are a matured man from the colouring of your comments and busy_body is good peoples as well so lets all debate without abuse so we can all learn from each other.
pls post the judgement if you can,however just like you i have read and printed out a hard copy of the judgement like many other for my records as i offer advise on european directives/regulations to a number of people in my church.
[size=14pt]pls check the exegesis of the zambrano case sire,there are two illegal immigrants[/size] who have children who are EU citizen,now the main point of the judgement is based on their fundamental human rights i.e the fact that both parents are illegal must not deprive the children of the right of their parents .by this reasoning therefore irrespective of the parent's immigration status as long as the child/children are either british,irish or holds a passport of any of the EU countries living in the EU member state then the law applies to themyes at the bolded and the simple reason like the judgment inferred is that it is not about the parents because if they didnt have children or if their childre were not EU passport holders they would be removed/deported and moreover if their children were above the age of consent then the parents would be deported but as long as the child/children needs that integral link in their life(i.e parents and parental responsibility)then they have a right under the human rights charter to get that.
why do you think the political party ukip and the conservative government are shouting that they want to re visit the human rights charter?it is because of the rights which it confers upon every human being irrespective of your status.
pls go and check EU directives and regulations totally supercedes not just irish but every single eu member state's domestic immigration law there is a bunch of articles i can give recommend you go and read
international affairs and defence section library of house of commons by vaughne miller its about 16 pages the immigration board blog too will tell you the same thing as i also contibute to the site/blog

The OP posted just two links pere yet usewisdom could not understand this, you are now recommending further websites and books for him, you wan scatter hin brain and turn it to mush or jelly


Ha ha, see the way he just did that u-turn

usewisdom:

@ inspired_m,
Busy_body is not expert in any immigration law at all. He's just here bombing lies and telling rubish to innocent people of what he doesn't even have a clue about. @ Busy_body or whatever u claim your name is: I don't blame you. Thank God I found you, I've been searching for a silly GOAT with cancer disease like you. But why your brain is so noisy like this? Did u even pass-by primary school?? I don't think so. Your English alone is a straight pointer to the fact that you're simply looking so haggard like a drug addict sitting down beside cyber cafe typing rubish about what u don't have a clue about. No manners, courtesy, and respect. U need to go back to primary school, even my son cannot even read what u wrote here. silly and silly cow. I don't know u from no where and u end up making noise with your dirty mouth that I'm sure you've not brush for the past 3 weeks. @ others,[size=14pt] It was important to understand that the ECJ judgment applied only where the child is a citizen and had no implications whatever for Irish citizenship law or any European citizenship law, which remained a matter of their Constitution[/size]. This Irish citizenship law was changed in 2005 so that a child of non-Irish parents born in Ireland was no longer automatically entitled to citizenship. - In Ireland here example: You can become an Irish citizen in three ways: by birth, by marriage or by naturalisation.
The Irish Nationality and Citizenship Act 2004 (which came into force on 1 January 2005) removed the right of Irish citizenship by virtue of birth on the island of Ireland unless at least one parent was an Irish or British citizen or did not have any restriction on a right of residence in the Republic of Ireland or Northern Ireland. (There were some other instances when a child born on the island of Ireland could gain citizenship, but these are not directly relevant to this post).

Irish Born Children and Non-National Parents post Citizenship Referendum

With a citizenship lock now in place, there remained many Irish children whose parents were non-nationals and who did not have a settled immigration status within Ireland. The outcome of the referendum, however, did not result in all non-national parents in this position being deported with their Irish citizen child. The Department of Justice, Equality and Law Reform introduced the IBC/05 scheme.
1. CITIZENSHIP BY BIRTH
Every person born on the island of Ireland before 1 January 2005 is entitled to be an Irish citizen.
The citizenship entitlement of every person born on the island of Ireland on or after 1 January 2005 depends on the citizenship of the person’s parents at the time of the person’s birth. Since 1 January 2005, a child born to non-Irish national parents is only entitled to Irish citizenship if at least one parent has been legally resident in Ireland for a minimum of three out of the four years immediately preceding the child’s birth.
So, been born in any EU country does not mean the child is automatically an European citizen, but depend on the Citizenship law of the European Country where the child is born. Simple as X Y Z.

Sorry for bombarding your small brain with information that can never get through it in a million years, but why would the ECJ spend millions of money and manpower just to say citizens can stay with their parents Do these children not get their citizens by virtue of their parent's immigration status If these children have to be citizens as you claim, why do they need a Zambrano to allow them stay with their parents, where else would they have stayed, in the zoo with fellow orangutan like you Geez, how can one person be this dumb, i ask again

@ lucabrasi, you did not advice her now O! You did not say anything now O! All because she is a woman. If I start my own again, u will say something about it. @ busy_body, just be alert, I'm on my way cooking your food!!! So get ready your plate, your spoon and your useless worthless brain. Coming soonnnnnnnn!. STILL ON THE MATTER

usewisdom:

@ lucabrasi, you did not advice her now O! You did not say anything now O! All because she is a woman. If I start my own again, u will say something about it. @ busy_body, just be alert, I'm on my way cooking your food!!! So get ready your plate, your spoon and your useless worthless brain. Coming soonnnnnnnn!. STILL ON THE MATTER

Dem dey look for better meat for cooking pot, ponmo too dey show face, na ya type

Please if you are not ready to answer the question I posed to you earlier, save your breath and stop disgracing yourself A few more;


Why did the Independent press in Dublin carry the story, seen in OP's link, if it does not affect them

Why were they even saying they have to go and bring back some of the parents who were deported

Why were those people deported

Why are they contemplating on bringing them back


Empty barrels make the loudest noise like i said earlier, o bo lowo e



@ Lucabrasi

And please Lucabrasi, I know you have the patience and wherewithal to remain composed no matter the situation, i have seen it loads of time, its a gift incase you don't know, please break it down to him gently that he needs to stop getting egg on his face and go crawl somewhere to hide his face

I'm still coocking your food. You just relax, but let me just give u a red-light. It's very simple and easy! Go and pack all your family from the village together with old ones, assign each of them to illegal immigrant and with their visit visa, let them give birth there and help them apply for European Citizen. Is that not what u claim I know people like u. Na people like u dey slap her husband for house. The handwriting has already written on the wall. I wonder such a man that will leave better women and come to a conclusion of chosen u as a girlfriend not to talk of a house wife. Useless girl. I guess one of ur family member don obtain ur head and carry leg give u. Like I said earlier, go and bring any of ur family or ur friend to UK or Ireland and he/she should give birth there as an Illegal immigrant, and u should be expecting the British or Irish to give the child European passport. In fact, just tell the British home office or department of justice here that: one of ur family is illegal and she just gave birth here, and they should give the child passport base on the zamborano ECJ judgement. Olofoooooooo. I'm still cooking your food, stay tuned.!! STILL ON THE MATTER.

BUSY_BODY OYA E DON DO OR YOU WILL BE ON TIME OUT O seriously though i really think there should be a thread dedicated to EEA DIRECTIVES AND REGULATIONS the useless nigerian solicitors in this country have destroyed many lives as a result of wrong or totally ignorant advice i met one ibo guy(he has been removed to nogeria)and the guy said he had sepnt so far about £6,500 and he was still planning to spend more as the case had so many twists and turns the one thing i discovered out of everything was nigerian lawyers intentionally and systematically sucking the guy like a leech,

MR USEWISDOM ITS ENOUGH, ITS 50/50 NOW GAME OVER , LETS CONTINUE WITH OUR IMMIGRATION DISCUSSION people are learning from the pair of you

I rest my case. Thanks God bless.

usewisdom:

I rest my case. Thanks God bless.

Olodo rabata, is that the back of your heels I am seeing Come back here, are you now pretending to read upside down Lucabrasi just waded in to say you should stop colouring the debate with insults and continue because he is enjoying it and might also have a thing or two to share


So better fa eti e and come back here nau nau before me and you enter one knicker today today

inspired_m:

[b]
My friend has a Child in the UK. His Son is British because the Mother is British But He ( The Father ) is Nigerian, He wants to Take Custody of the Son, How can he Go about it ? he is not Interested in acquiring British Citizenship or any sort, he just wants to give his Son the Best

/b]

I hate Family Law Courts, what happened to the love ehn that people now have to employ Attorneys and Barrister as a go-between because they can not be civil to one another and come to a non-acrimonous decision to separate amicably What happened to their "for better, for worse" vows Divorce should be abolished jare, let couples fight and settle it or kill each other instead, na dem get themself so can do as they like


Right, seriously;


How old is the child?

Where are the Dad and Mum currently based?

Does Dad have parental responsibility i.e. is Dad's name on the birth certificate? (dumb woman )

Where do they plan to live with the child?

Are they separated or divorced?

Has either of them remarried?

The best interest of the child is the most paramount here, so why does Dad feel he is the best to offer this? Is there any mitigating circumstances he can rely on or is he just being bitter and twisted?

Have they considered counselling or mediation to reach an informal decision?


Are they both mentally prepared that such highly contested case is gonna likely resolve in one party having to go without, since Dad has expressed he wants sole custody?




Drop the answers when you can, or send it to my inbox if you wanna keep things private, a lil summary of the whole imbrogglio too would not go amiss. Busy weekend this week, so might not have time to respond soon

MNa u sabi. I no get time for u, I get tram to meet up. Yeye fellow !

@inspired m
tell your friend to find some tricks to draw the woman and child back to nigeria then let the full might of the nigeria family law descend upon her lol
its a shame but in the order of hierachy in this country
1.the woman is the boss and top honcho
2.the children is next in the pecking order
3.the dog or cat is next in order of seniority
4.the husband is the last
also tell your friend to check out these father's rights sites,there are many but fathers for justice are one of the most popular
http://www.fathers-4-justice.org/

usewisdom:

MNa u sabi. I no get time for u, I get tram to meet up. Yeye fellow !

tram in uk?

usewisdom:

MNa u sabi. I no get time for u, I get tram to meet up. Yeye fellow !

You don overplay your hand, you mean, Olodo upon 30

lucabrasi:

@inspired m
tell your friend to find some tricks to draw the woman and child back to nigeria then let the full might of the nigeria family law descend upon her lol
its a shame but in the order of hierachy in this country
1.the woman is the boss and top honcho
2.the children is next in the pecking order
3.the dog or cat is next in order of seniority
4.the husband is the last
also tell your friend to check out these father's rights sites,there are many but fathers for justice are one of the most popular
http://www.fathers-4-justice.org/

I know Hell has no fury as a woman scorned, but those groups are just crazy attention seekers o jare, always looking for a way to screw the woman over. I love UK for their sound women's right, God bless Great Britain

lucabrasi:

tram in uk?

Yeah he is now free to use the tram in Dublin as it is nighttime, usually he has to hidego underground . . . patiently waiting underground for 3/4 years to knack so he can claim citizenship . . .ignorance is bliss Na this kain people dey fall for Naija Custom's "you are not allowed to carry fish", awon gongoshu

Wahala tie ma de niyen O!

usewisdom:

Wahala tie ma de niyen O!

E nor good oh, you come whet my appetite since yesterday say you dey cook something special for me, come pull rug from under my yansh say you nor wan cook again Eyi o da oh, you wan make hunger quench me ehn, egbon mi to dara, Uncle usewisdomsometimes


Oya if you nor wan answer me, answer inspired's post na, abi you nor see say he don address am to you But if you are one of those like Lucabrasi who thinks women should be tied to the kitchen sink, and seen but not heard, keep your opinion to yourself



On second thoughts, Inspired better take his query to the family section so the likes of Sagamite, Harakiri, Pro01 and the rest of those dudes batting for the other side ^{but just don't know it yet} can support his friend in his mission

Busy_body:


You don overplay your hand, you mean, Olodo upon 30





I know Hell has no fury as a woman scorned, but those groups are just crazy attention seekers o jare, always looking for a way to screw the woman over. I love UK for their sound women's right, God bless Great Britain

Yeah he is now free to use the tram in Dublin as it is nighttime, usually he has to hidego underground . . . patiently waiting underground for 3/4 years to knack so he can claim citizenship . . .ignorance is bliss Na this kain people dey fall for Naija Custom's "you are not allowed to carry fish", awon gongoshu

iros o @bolded my own is that both the man and the woman should be given equal rights on the child if you check the ECJ zambrano case we are talkn about sef it makes the right of the child paramount so how is the childs right protected if mummy wants to punish daddy for the break up by blocking him from seeing the child?
besides i though we are in the era of equality so who says the woman has exclusive monopoly on childcare skills?
anything a woman can do a man can do as equally even better
have you not seen the man that gave birth in america,he is even planning the second pregnancy or house husband,or male nanny oya defend those ones
mr use wisdom i need support o

lucabrasi:

iros o @bolded my own is that both the man and the woman should be given equal rights on the child if you check the ECJ zambrano case we are talkn about sef it makes the right of the child paramount

Equal right ko. My advise here would be for the woman to frustrate the man to steal the child and then go for the Hague Convention route to protect her child from being abducted by the Dad. The child's best interest or welfare is not paramount here because his safety plays a greater role for concern. The Court would have to decree that under the terms of the Hague Convention, the child must remain with Mum because that is where he/she has spent more time since birth. 


If he still wants access or custody, he would have to go to Court, but he would not be able to take the child out of the Country again, meaning unless he is ready to start living permanently in the UK, he would have no choice than to surrender the child back to Mum solely, which the Court could use to deem him unserious in the first place.


Saying this though, the law can swing both ways and it might be the Dad that gets custody under the Hague Convention if he was the one who has been raising the child and Mum thief the pickin, this means Mum would have to relocate to Naija at the expense of Dad, and Dad would be legally responsible for Mum's upkeep and child maintenance.


Kinda like a win win situation for Mum, nice one WE RULE THE WORLD, WE RUN THINGS, YEAH

lucabrasi:

so how is the childs right protected if mummy wants to punish daddy for the break up by blocking him from seeing the child?
besides i though we are in the era of equality so who says the woman has exclusive monopoly on childcare skills?
anything a woman can do a man can do as equally even better
have you not seen the man that gave birth in america,he is even planning the second pregnancy or house husband,or male nanny oya defend those ones
mr use wisdom i need support o

We are talking Nigerian man here, wetin consain a typical self-absorbed, vain, feckless, philandering naija man ^{and i speak for 97% of all Nigerian men here} with pickin. I believe the dude is only after the child to punish the Mum or wants to use the child for money ritual or his new wife wants a maid Seriously, it is rare to see a Naija man who wants custody jare, instead they will either bring another wife into the family not caring how the first wife is supposed to fend for herself or just come home one day and throw the woman with the kids out onto the streets, abi no be so dem dey divorce for obodo NAija

The man that gave birth in Dublin usewisdom was an exception to the rule i.e. an ebora , abi na natural phenomenon You men nor fit born pickin without some intervention jare

Busy_body:


Equal right ko. My advise here would be for the woman to frustrate the man to steal the child and then go for the Hague Convention route to protect her child from being abducted by the Dad. The child's best interest or welfare is not paramount here because his safety plays a greater role for concern. The Court would have to decree that under the terms of the Hague Convention, the child must remain with Mum because that is where he/she has spent more time since birth.

en hen so you r saying there are no wicked mothers abi?besides the fact that they are using lenght of time to make such a determinant means there is already inequality before the law o after you gys will be touting your ISMS and talking about glass ceiling

Busy_body:

If he still wants access or custody, he would have to go to Court, but he would not be able to take the child out of the Country again, meaning unless he is ready to start living permanently in the UK, he would have no choice than to surrender the child back to Mum solely, which the Court could use to deem him unserious in the first place.

Saying this though, the law can swing both ways and it might be the Dad that gets custody under the Hague Convention if he was the one who has been raising the child and Mum thief the pickin, this means Mum would have to relocate to Naija at the expense of Dad, and Dad would be legally responsible for Mum's upkeep and child maintenance.

Kinda like a win win situation for Mum, nice one WE RULE THE WORLD, WE RUN THINGS, YEAH

ok wait,as a woman if the child would have a better and more stable life with the dad in nigeria living in luxury while mum is nt stable financially or even psychologically in uk where would you rather the child be?
look at the boy that was used for ritual,or that climbie girl that was torturedto death
remember the girl that was kidnapped by her mum near me in liverpool
or the yeye american woman that murdered 3 children in cold blood because of custody

Busy_body:

We are talking Nigerian man here, wetin consain a typical self-absorbed, vain, feckless, philandering naija man ^{and i speak for 97% of all Nigerian men here} with pickin. I believe the dude is only after the child to punish the Mum or wants to use the child for money ritual or his new wife wants a maid Seriously, it is rare to see a Naija man who wants custody jare, instead they will either bring another wife into the family not caring how the first wife is supposed to fend for herself or just come home one day and throw the woman with the kids out onto the streets, abi no be so dem dey divorce for obodo NAija

olopa ewon tepe thank GOD you r not ukba o,or else no naija man will ever enter the uk looool its not all or even most naija men that fit your description o,maybe some its like using the naija woman stereotype to tar every naija woman.out of ten i can bet you 8 naija men really love their child and genuinely want to be a part of their child's life.besides what me im on about i equal acess not the man taking the child or vice versa.if you ask me i think the governmen r scared of touching that law because of women lib's voting power.

i remember one time during undergrad in uni when we were in seminar,the lecturer asked us what we thought of women's liberation,you know oyinbo girls they v quicklyjumped up and started defending,the mumu guys there same thing,the only comment i made was that if women wanted equality then they shouldnt expect men to pull ut the chair for them to sit,or pull the door open n stuffs you need to see the way the lecturer burst out laughing the girls cheeks turn red straight lol

Busy_body:

The man that gave birth in Dublin usewisdom was an exception to the rule i.e. an ebora , abi na natural phenomenon You men nor fit born pickin without some intervention jare

lol you don chase mr usewisdom comot for nairaland o

Any man wey get ur time don enter hole. Wait 4me till another 6month u see me here. Epele O Madam home office/minister.

,

For "your" need to know/for future reference The ECHR convention is available to any "victim" regardless of citizenship or whichever corner of the World you come from

.:

Article 7 - retrospectivity (Article 7 of the European Convention on Human Rights)

Prohibits the retrospective criminalisation of acts and omissions. No person may be punished for an act that was not a criminal offence at the time of its commission. . .

usewisdom:

Any man wey get your time don enter hole. Wait 4me till another 6month u see me here. Epele O Madam home office/minister.

Wetin 6 months take do for matter, oh i geddit, eh ehn, you see, and when I was confirming to Lucabrasi that you were the pregnant man in Dublin, he didn't believe my innocent self and actually thought I was abusing you


Pele, how body, not long to go before you born belle innit, make sure you are taking your folic acid oh and eat ginger to relieve your morning sickness my dear, wa bi were oh, asokale anfani o, a gbo ohun baba a gbo ti omo oh

@sandysuzie, I don't think yours is a ban. You can't be practically banned of course with your husband and children being British. Accessing free NHS treatment while not even being a UK resident is bad for your case. However, the bigger problem is the fact that your husband is not living in the UK. Before you will be admitted back to the UK, there has to be assurances that you will not access public funds as you are not entitled to benefit until you have been resident for 3 years. That assurance will only be obtained by your husband living in the UK and producing bank statements or payslips proving availability of funds for your upkeep. If you are refused, the courts will override it. You have a riht to family life but at the expense of the British taxpayer. I'm not very positive about any application you make while all of you are residing in Nigeria. Your husband may provide statements in Nigeria claiming availablity of funds to look after all of you in the UK but it weakens the claim of right to family life, since he won't be living with you. It may not have mattered ordinarily because you will be looking after British citizens (your kids) anyway but it has assumed a huge significance given your history. I must add however that this is not a professional advice; I'm not a lawyer. Just writing out of my experience in immigration matters.

Pardon me, I meant to say you have a right to family life but not at the expense of the British taxpayer. At least not before you qualify for benefit.

i want to find out if the Zambrano law will give me the right to work in the UK. I have been grated leave to remain in the UK under the CHEN ruling as the parent of an EU child. My child has an EU passport and on that basis i was given the right to reside but not the right to work so can you tell me if this new law can vary my leave to remain so i can work Thank you>

Tough one, this! You obviously do not have an EU passport so no automatic right to work in the UK. It would've been more straight-forward if you are married to your son's EU citizen mother, or go and marry her now if possible. That will fast-track your own EU passport. But if you can't you can go to court and demand right to work in the EU (which includes UK)since the basis of your leave to remain is to look after your son who is an EU citizen. The fact that you are the custodian of the child makes your case strong.

aquariver1:

i want to find out if the Zambrano law will give me the right to work in the UK. I have been grated leave to remain in the UK under the CHEN ruling as the parent of an EU child. My child has an EU passport and on that basis i was given the right to reside but not the right to work so can you tell me if this new law can vary my leave to remain so i can work Thank you>

Unfortunately the answer to your question is No. Under zambrano you are entitle to work only in the home country of your child. And under Chen ruling, you are not allowed to work since your residency was granted on the basis of self sufficient.

@ Juzme , It could well be successfully argued at the tribunal and if the judges arent sure it could be referred to the ECJ, if you were given permission to reside in that you should look after and EU citizen, how would you take care of financial responsibility if you wont get to work and support your EU citizen child. I am not saying its a legitimate right or not, so far my understanding of the TFEU and Directive 2004/38/EC I have not seen where its been promised in the Directives but the ECJ and the advocate general would take a cautious look at this as they have a good knowledge and have a better interpretation of the treaties. if it ever gets to the ECJ maybe 60% chance who knows. I would advice you seek legal advise from a lawyer who knows EU law in depth not some shallow minded ones whose aim are just money money

Thanks for this post. Please, I need your advice on this issue. I have a Nigeria woman with two kids born in Ireland, both children have there Ireland citizenship passport and the mother had a stay but had expired due to her overstay here in Nigeria with the children. The children citizenship passport were just renewed, but the mother doesn’t know how to go about her own, since she is bent on traveling back to Ireland with the kids and the stay given to her while in Ireland had expired here in Nigeria. Please, your advice will be highly appreciated. Thanks.