Following the Court of Justice of the European Union (ECJ) handing down judgment in the case of Ruiz Zambrano (C-34/09). This judgement created 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 are considering the effect of this judgement and whether any changes are required as there is currently no provision within the Immigration (European Economic Area) Regulations 2006 (the regulations) to issue documentation on this basis.
In the meantime, the UKBA will accept an application and 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.
A certificate of application will be issued for 6 months. Employers can accept this certificate of application, in combination with a positive verification from our Employer Checking Service, as proof of right to work in the UK. This document combination comes under entry 5 of List B within the ‘Comprehensive Guidance for Employers on Preventing Illegal Working’, and will provide an employer with a statutory excuse against payment of a civil penalty for up to 12 months.
If you want to make an application as the lone Carer of a British Citizen, please contact one of our advisors on 0845 126 1350 or email us at email@example.com