The UKBA announced on 1 June 2011 that it will shortly be issuing new guidance on how applications from EU citizens and their family members should be handled following some recent important decisions of the European Court of Justice (ECJ).

The decisions of the ECJ in the cases of Ruiz Zambrano and McCarthy have important repercussions for third country national family members of EEA nationals resident in the UK but the UKBA has so far failed to clarify its stance following these judgments. Anyone with an application for a non-EEA family member could be affected by these cases and the expected UKBA guidance.