Case No. UKUT-00043(IAC)

34. Although, at time of writing, we are aware that matters look set to change, presently one of the features of British citizenship is that it creates the additional status of citizenship of the European Union under article 9 of the Treaty of the European Union (TEU) and further provision is made by article 20 of the Treaty on the Functioning of the European Union (TFEU): “1. Citizenship of the Union is hereby established. Every person holding the nationality of a Member State shall be a citizen of the Union. Citizenship of the Union shall be additional to and not replace national citizenship .” 35. By article 20(2), citizens of the Union “shall enjoy the rights and be subject to the duties provided for in the Treaties.” The rights identified, non-exhaustively, include “(a) the right to move and reside freely within the territory of the Member States.“ This includes the right to move freely  around Europe to live, work, study and retire. Citizens of the Union can also  vote and stand as a candidate  in European Parliament and municipal elections, petition the European Parliament and complain to the European Ombudsman. If a citizen of the Union is travelling outside the EU  and his or her country has no diplomatic representation there, they can go to the  embassy or consulate of any other EU country   and receive assistance and protection. In Case C-165/16, Lounes , 14 Nov 2017, the CJEU stated at paragraph 56 that: “the rights conferred on a Union citizen by Article 21(1) TFEU, including the derived rights enjoyed by his family members, are intended, amongst other things, to promote the gradual integration of the Union citizen concerned in the society of the host Member State.” 36. The EU dimension brings into train, of course, the Zambrano jurisprudence. As was stated by the CJEU in Ruiz Zambrano v Office national de l’emploi  (Case C-34/09)  [2012] QB 265 at paragraph 45: “45. Accordingly, the answer to the questions referred is that article 20 TFEU … is to be interpreted as meaning that it precludes a member state from refusing a third country national on whom his minor children, who are European Union citizens, are dependent, a right of residence in the member state of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.”