# Zambrano Rule and UKBA



## MacUK (Jul 3, 2012)

After educating myself a little more on the subject of being a non EU mother of a dependent British Child I found out that the Zambrano rule may be applied in our case. Since we already submitted my spouse visa application, and we meet the financial requirement, if by some horrible fluke I am refused, will I be able to join my husband and reunite our family based on the Zambrano Rule? 
NB: Our child is a British Citizen dependent on the non EU national parent for care and financially supported by the British Citizen parent. 

Joppa, please, I need your expertise, others are welcomed to chime in


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## Joppa (Sep 7, 2009)

Wait for Jrge to chip in.


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## Leanna (Oct 22, 2012)

Found this quote in regards to Zambrano:



> he Court of Justice of the European Union (ECJ) recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgement creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK and removing the carer from the UK would mean the British citizen would have to leave the European Union.


Correct me if I'm wrong, but seeing as your child has their father in the UK, this would not apply to you? Looks like the Zambrano case is when a child's only dependant has no other right to remain in the UK. 

Another interesting document here: http://www.nrpfnetwork.org.uk/guidance/Documents/Zambrano Factsheet.pdf



> If a child 1) has British citizenship and 2) is dependant on a parent whose
> immigration status is insecure, then the UK Border Agency (UKBA) should grant
> that parent permission to remain in the UK and the right to work.
> The Zambrano rule only applies where the child is dependent on the parent
> ...


So it looks like you would have to be the sole carer or parent of a dependant child to qualify. As your husband is in the UK, I don't think this applies to you. 

Though I don't imagine your previous application is going to be refused, so try not to worry!


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## MacUK (Jul 3, 2012)

Yes that's why I needed your advice  
Thanks Joppa and Leanna, if Jrge could chip in, it would be marvellous.


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## Jrge (Mar 22, 2011)

Hi,


MacUK said:


> Yes that's why I needed your advice
> Thanks Joppa and Leanna, if Jrge could chip in, it would be marvellous.


Sadly, you don't seem to meet those requirements to apply under the Ruiz Zambrano ruling.

You could have qualified -however- in the full physical absence of the minors British father and/or should you have had full custody of him.

Nonetheless, good luck on your present application.

Animo
(Cheers)


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## MacUK (Jul 3, 2012)

:fingerscrossed:Thank you Jrge for your valuable advice, fingers and toes crossed that they will approve the visa!


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