British citizens gaining european citizenship with out leaving the england

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British citizens gaining european citizenship with out leaving the england


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Old 13th January 2013, 07:53 PM
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Default British citizens gaining european citizenship with out leaving the england

if you have previously used zambrano then could you not use surinder singh ?
based on having already used your eu rights then would it not follow
that when using the zambrano case surinder singh automatically applys
if not why ?

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Old 14th January 2013, 12:09 AM
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Hi,
Quote:
Originally Posted by deminished View Post
if you have previously used zambrano then could you not use surinder singh ?
based on having already used your eu rights then would it not follow
that when using the zambrano case surinder singh automatically applys
if not why ?
For a non-EU National to have derivative rights under Zambrano, a dependency should be established. Whereas under Surinder Singh, EU National needs to prove to had been exercising treaty rights and living with the non-EU National in another State.

If a British Citizen has exercised treaty rights in let's say: France, why would they need to apply under Zambrano when the option of obtaining indefinite leave for the non-EU will be difficult, not to say impossible?

Animo
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Old 14th January 2013, 12:22 AM
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it was my understanding that the requirement for surinder singh was to have exercised the treaty rights by travelling to France or any country which the applicant is not a national of and working for 3 - 6 months (OR exercised treaty rights in any other way)

it is the zambrano option that i am wondering if it for fills the any other way

so hypothetically

I am a Zambrano carer living in the uk

my unmarried partner is the disabled person being cared for who has never exercised
his rights to travel to france but has exercised his rights under zambrano

can me and my partner use surinder singh

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Old 14th January 2013, 12:23 AM
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just a note also when you use the word apply is it not a "right" rather than something that must be applyed for im trying to more understand what rights might be carried in the zambrano case?

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Old 14th January 2013, 02:15 AM
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Hi,
Quote:
Originally Posted by deminished View Post
it was my understanding that the requirement for surinder singh was to have exercised the treaty rights by travelling to France or any country which the applicant is not a national of and working for 3 - 6 months (OR exercised treaty rights in any other way)

it is the zambrano option that i am wondering if it for fills the any other way

so hypothetically

I am a Zambrano carer living in the uk

my unmarried partner is the disabled person being cared for who has never exercised
his rights to travel to france but has exercised his rights under zambrano

can me and my partner use surinder singh
To successfully sponsor a non-EU under Surinder Singh, EU National must had exercised treaty rights as a Worker OR self-employed in any other State other than his/her home country.

Quote:
Originally Posted by deminished
just a note also when you use the word apply is it not a "right" rather than something that must be applyed for im trying to more understand what rights might be carried in the zambrano case?
If conditions are met, then EU National has all the rights to benefit from the ruling.

Before we continue talking about the RUIZ ZAMBRANO ruling and it's implementation, please enjoy reading these:

* Derivative Residence

* Ruiz Zambrano Judgement

Animo
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Old 14th January 2013, 04:57 AM
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that makes sense now ok so what happens to the disabled some guy unable to travel and or unable to work he wont get access to those treaty rights ever ?

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Old 15th January 2013, 03:00 AM
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Hi,
Quote:
Originally Posted by deminished View Post
that makes sense now ok so what happens to the disabled some guy unable to travel and or unable to work he wont get access to those treaty rights ever ?
Unless EU-National is bedridden and/or permanently incapacitated, then the odds to exercise treaty rights as worker are limited. Although, the name Stephen Hawking comes to mind.

EU-Nationals can also exercise treaty rights as: students, self-sufficient and/or self-employed. So, unless there is a serious disadvantage, anything can be done.

Animo
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