What is Zambrano case?
The Zambrano right of residence is an immigration route that states that EU member states can grant a right of residence the primary carer of an EU national child if refusing this would mean the child’s care would be jeopardised. If you are a non-EEA or Swiss parent/guardian of an EEA child, you may be able to come to the UK to care for your child, under the Zambrano carer right of residence.
The Zambrano case relates to an appeal by parents of Colombian nationality whose Belgian-born children would not be able to exercise the Treaty rights they are entitled to should their parents be asked to leave the country.
How can IAS help?
We often find that the Zambrano process can be confusing for applicants. This is because EU laws are in a current state of flux, making applications like this very complex. This is why we have a team of expert immigration lawyers, who are up-to-date with all current EU laws and regulations.
We can help to simplify the Zambrano application process for you. Our services include an assessment of your eligibility and a full document check.
Your lawyer will also prepare a Letter of Representation to accompany your application for Zambrano if you proceed with one. This letter details your case and its merits as well as referencing any relevant UK immigration laws in support of your application.
We will take all factors into consideration to determine if you and your child qualify for a Zambrano case application. Make an enquiry online or call now on 0333 363 8577 to discuss your prospects with an IAS lawyer today. We have branches based in London, Manchester, and Birmingham. Alternatively, you can use our office finder to find your closest branch.
Please see our FAQs below for more information.
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The grounds upon which UK residence is accepted via Zambrano are complex as the Home Office takes into account the specific detail of the individual child in question in all applications.
There are different ways of gaining UK residence via this route, but there are many factors to consider before applying. For example, an application for Leave to Remain on the basis of family life can be five years or ten years. Applications on the basis of private life will be ten years.
Applications for settlement for either of these routes will require your leave in the UK to be lawful and continuous (including no breaks in status). If you are unsure of which route to take then we highly recommend you contact one of our immigration lawyers immediately.
The Zambrano carer right of residence was created because of a specific immigration case ruling. Because of this, the regulations are more flexible and relative than within the UK visa and immigration systems. As a result, it is important to weigh up the pros and cons before you consider this as an option to gain Entry Clearance into the UK.
The pros of the Zambrano right of residence include:
- That Zambrano can allow you to enter, live and work in the UK provided you are the primary carer of your child
- That the Zambrano right of residence allows you to gain ILR in the UK when you may otherwise not be eligible
- If you gain Entry Clearance into the UK using the Zambrano route, you will not be restricted by the regulations of a specific UK visa.
The cons of the Zambrano right of residence include:
- That only ‘basic support’ is given to EEA children in the UK under the Zambrano route. This does not include social assistance by local authorities
- That the parents of an EEA child must have the right to work and residence in the specific Member State to protect the right of a child to live in Europe
- That one member of the couple must be a European Citizen who is perfectly able to assume the total responsibility and care of the child.
At IAS, we understand the importance of exercising your right to free movement. Because of this, we want to help EEA applicants maximise their chances of gaining UK settlement through this route.
However, because of the temperamental nature of EU law, we want to ensure you are up to date with the correct legislature and that you make an informed decision before you make an application. We often find that this process can be confusing for applicants. This is why we have a team of legal experts at hand, ready to simplify the Zambrano process for you.
Our services include:
- Ensuring you have the correct documentation before beginning your application
- Submitting a Letter of Representation with your application
- Contacting and liaising with the Home Office throughout the process
- Compiling and completing your application using expert knowledge.
Get in touch to speak to an immigration lawyer about your personal situation and to find out if you are eligible to enter the UK using the EEA Zambrano route.