Zambrano case question

[rai75]

My wife arrived in UK on spouse visa in June 2017. She has a Indian passport. She had a 2.5 visa then. We had our daughter in September 2018. Her visa was about to expire Feb 2020. Just before it expired we switch to a 10 year route via family visa through our daughter. My daughter has a British passport and is is now 3.5 years old. I also have a British passport. My wife does not work. Her next visa expires end of the this year.

My wife is the main carer of our 3.5 year old British daughter.

I wanted to know can the Zambrano case help my wife settle in the UK? As my wife is the main carer for my daughter.

I read somewhere you have to apply before 30th June 2022 is this true?

Please advise

[rai75]

Can you please advise?

[sam550]

Hi mate,

I don’t have much information with this type of visa, but I’m the main carer for my daughter and have one ext and almost 4 years before I can apply for ILR so I’m going ahead to apply settlement visa under Zambrano case too.

[secret.simon]

I wanted to know can the Zambrano case help my wife settle in the UK? As my wife is the main carer for my daughter.

Unlikely.

To qualify for a Zambrano visa, two conditions need to be met.
(a) the primary carer of a British citizen must not be eligible for and not hold any leave to remain, except under Appendix EU (See Page 13 of the EU Settlement Scheme: person with a Zambrano right to reside case worker guidance). As your wife already holds an FLR, I believe that that prong would fail.
(b) the British citizen child will be forced to leave the UK if the primary carer is forced to leave the UK. In your case, I think the second prong will fail as well, because it can be argued that the British citizen child can reside in the UK with the British citizen parent (you) even if the primary carer left the UK.

Thus your wife fails to meet both the requirements for a Zambrano visa.

[rai75]

Hi, thanks for your reply.

I have a British passport and my daughter who now is 3 years 7 months has a British passport.

My wife has to look after our daughter as I am the only person that works.

Will this qualify for her down the Zambrano route?

If my wife has to leave UK my daughter will have to go with her as we have noone whom can look after my daughter.

[mubashir1981]

Hi, thanks for your reply.

I have a British passport and my daughter who now is 3 years 7 months has a British passport.

My wife has to look after our daughter as I am the only person that works.

Will this qualify for her down the Zambrano route?

If my wife has to leave UK my daughter will have to go with her as we have noone whom can look after my daughter.

If ur wife go back to india ur child can stay with u. Like a alon parents live apply for benefits for survival.