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zambrano application

Posted: Fri Apr 26, 2013 9:18 pm
by genti
Hi all . I want to make a application under zambrano rule but my child is not born yet can I apply now and then send the certeficate when the baby is borne

Posted: Fri Apr 26, 2013 10:24 pm
by EUsmileWEallsmile
I would doubt that you could.

Re: zambrano application

Posted: Sun Apr 28, 2013 2:20 am
by wiggsy
genti wrote:Hi all . I want to make a application under zambrano rule but my child is not born yet can I apply now and then send the certeficate when the baby is borne
a child doesnt have rights until they are born... therefore since they have no rights, they have no TFEU article 20 for you to rely upon...

although, maternal health protection is what prevents ukba deporting pregnant women....

http://www.coe.int/t/dGHl/monitoring/So ... ren_en.pdf

(although.... http://www.loc.gov/law/help/child-rights/ - does state that "these rights should begin before birth"...? - but this is in ref to the UN not EU)