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After reading many posts on this forum about Zambrano cases, I see that most who have written of success stories are either 2 non-eea adults with a British citizen child, or single parents of a British Citizen child (and being a non-eea mother seems to be easier than being a non-eea father in order to prove dependency as primary carer).

I don’t see any cases of a couple – the mother is a British citizen, the father is a non-eea citizen and they are still together and married – with a British citizen child who has gone through this process (although maybe I just haven’t found this info and it does exist).

So, I’m wondering – can a non-eea father use Zambrano in the UK if he is providing financially and emotionally for his family (mother looking after 6 month old at home and not working)? He is an excellent father, always been in the child’s life, and always has provided financially for the home. If he was unable to stay in the UK, then we (his wife and child) would not only have to leave the UK with him, but also the EU because his EU spouse is looking after the British Citizen child and cannot exercise her treaty rights in a sufficient enough way to keep her non-eea spouse in the country.

Do such cases exist? And, can they be successful?

bluebell555 wrote:can a non-eea father use Zambrano in the UK if he is providing financially and emotionally for his family (mother looking after 6 month old at home and not working)? He is an excellent father, always been in the child’s life, and always has provided financially for the home. If he was unable to stay in the UK, then we (his wife and child) would not only have to leave the UK with him, but also the EU because his EU spouse is looking after the British Citizen child and cannot exercise her treaty rights in a sufficient enough way to keep her non-eea spouse in the country.

I doubt that Zambrano is engaged.

As you have correctly summarised, Zambrano is engaged if the British child is deprived of his ability to exercise his right to reside within the EU if the father is deported/forced to leave.

But I believe (I could be wrong) that it is only engaged if the British child is entirely deprived of such right i.e. that the other parent is also unable to look after him/her.

You are a British citizen yourself. Even if you do not work and the father is required to leave the UK, you and the child will be able to survive (albeit uncomfortably) on welfare benefits.

Zambrano is predicated on the basis that the non-EEA parent is the only one that can take care of the child. You would have to prove why you are unable to take care of the child. I do not know, but it is plausible, that that may require the involvement of social services if the British parent is unable to take care of the British child.

I believe (I could be wrong) that Zambrano is not engaged.

Also see Home Office guidance for Zambrano cases;

From Page 43 onwards of the guidance on Derivative rights of residence

The 2012 guidance on the same topic.

Another thing to remember is that even if Zambrano is engaged, it derives (hence the name) from the rights of the child to reside within the EU and is not a part of Directive 2004/38/EC. It therefore does not lead to PR or settlement or eventual citizenship, except perhaps under the 10 year legal residence rule (I am not certain it leads to residency even then).