Personal Immigration

Judgment on carers of British Citizens

The Court of Justice of the European Union recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgment 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.

The UK Border Agency has been considering the effect of this judgment and whether any changes are required to its policy or the law as a result. Until now, it has not accepted applications it has received on this basis as there is currently no provision within the Immigration (European Economic Area) Regulations 2006 (the regulations) to issue documentation on this basis.

The Border Agency intends to amend the regulations in due course to enable a person to be issued with a document confirming that they have a right to live in the UK as a result of the Ruiz Zambrano judgment. However, in the meantime, it will issue a certificate of application to those who are able to show:

  • evidence that the dependent national is a British citizen;
  • evidence of the relationship between the applicant and the British citizen; and
  • adequate evidence of dependency between the applicant and the British citizen.

This certificate will enable a person to work in the UK while their application is outstanding. Once changes to the regulations are made, the application will be given full consideration and documentation will be issued under the regulations to those who meet the final agreed policy.

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