Zambrano and the cheapest way to apply for a residence permit (brief aan Britse advocaat)
"Although promised for the weekend due to an illness a bit later. But here is the "translation" of the Dutch court rulings on Zambrano and the cheap Europe-route procedure.
In the Netherlands a residence permit as a familymember costs around 1000 pound. There is one exception and that is the so-called Europe test. In that case a third country national married with a non-Dutch EU national who wants to come and live in The Netherlands or a Dutch person married with a third country national and which couple lived at least 3 months together in another EU country can ask the immigration service to tests if the third country national has a right to stay in the Netherlands based on European law and Directive 2004/38. This 'Europe test" costs only around 30 pound.
Due to the Zambrano ruling a lot of people who are illegal here try to claim permission to stay due to their Dutch children and some also claim they have that right under article 8 of the ECHR.
Seeing the difference between 1000 and 30 pounds they lodged their applications under the Europe test arguing their claim is on European law.
In this courtruling http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BX2782 of 22-06-2012 the Immigration court decided that that was not possible. According to the court in a Zambrano claim there is no direct right under EU-law so that special procedure under article 9 of the Dutch Alien Act is not to be used as that is specificly aimed at people who did the "Europe-route".
There is a lot of discussion going in the legal word because of this ruling.
And the courts dont speak with one voice. As this ruling of only 1 day earlier LJN: BX0174, Rechtbank Utrecht , zittingsplaats 's-Gravenhage , AWB 11/33403 http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BX0174
stated the opposite saying that the immigrationservice should make it possible that people could launch a Zambrano application under that special "Europe" - procedure. The judge there deemed it unfair that people should pay that high an amount for a procedure because this Zambrano claim is like the Europe-route also a direct claim under European law.
The government appealed against that ruling and we are still waiting on that.
There has been a short ruling of the highest Administrative court (Raad van State, our Supreme court in these procedure) on the 19 of march 2012 http://www.linkedin.com/redirect?url=http%3A%2F%2Ftinyurl%2Ecom%2Fd73c6kc&urlhash=WdTk&_t=tracking_disc in which it dismissed an appeal against an Amsterdam court ruling that also dismissed the applicants claim to be permitted to use the cheap procedure. But it has not motivated why. As the appeal was very short the reason for not motivating the decision can be due to that bad quality. But it can also mean that those judges think it very clear that this procedure is not to be used for Zambrano claims.
Well I hope this can serve as a translation as I promised to make."
Law blog
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In the Netherlands a residence permit as a familymember costs around 1000 pound. There is one exception and that is the so-called Europe test. In that case a third country national married with a non-Dutch EU national who wants to come and live in The Netherlands or a Dutch person married with a third country national and which couple lived at least 3 months together in another EU country can ask the immigration service to tests if the third country national has a right to stay in the Netherlands based on European law and Directive 2004/38. This 'Europe test" costs only around 30 pound.
Due to the Zambrano ruling a lot of people who are illegal here try to claim permission to stay due to their Dutch children and some also claim they have that right under article 8 of the ECHR.
Seeing the difference between 1000 and 30 pounds they lodged their applications under the Europe test arguing their claim is on European law.
In this courtruling http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BX2782 of 22-06-2012 the Immigration court decided that that was not possible. According to the court in a Zambrano claim there is no direct right under EU-law so that special procedure under article 9 of the Dutch Alien Act is not to be used as that is specificly aimed at people who did the "Europe-route".
There is a lot of discussion going in the legal word because of this ruling.
And the courts dont speak with one voice. As this ruling of only 1 day earlier LJN: BX0174, Rechtbank Utrecht , zittingsplaats 's-Gravenhage , AWB 11/33403 http://zoeken.rechtspraak.nl/detailpage.aspx?ljn=BX0174
stated the opposite saying that the immigrationservice should make it possible that people could launch a Zambrano application under that special "Europe" - procedure. The judge there deemed it unfair that people should pay that high an amount for a procedure because this Zambrano claim is like the Europe-route also a direct claim under European law.
The government appealed against that ruling and we are still waiting on that.
There has been a short ruling of the highest Administrative court (Raad van State, our Supreme court in these procedure) on the 19 of march 2012 http://www.linkedin.com/redirect?url=http%3A%2F%2Ftinyurl%2Ecom%2Fd73c6kc&urlhash=WdTk&_t=tracking_disc in which it dismissed an appeal against an Amsterdam court ruling that also dismissed the applicants claim to be permitted to use the cheap procedure. But it has not motivated why. As the appeal was very short the reason for not motivating the decision can be due to that bad quality. But it can also mean that those judges think it very clear that this procedure is not to be used for Zambrano claims.
Well I hope this can serve as a translation as I promised to make."
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Reacties
Overigens heb ik veel moeite om te bewijzen dat ik geen robot ben. Kan u die test niet wat gemakkelijker maken?