Judgement on Carers of British Citizens
The Court of Justice of the European Union (ECJ) recently handed down judgment in the case of Ruiz Zambrano. This judgement 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 have not accepted any applications on this basis as yet, however, they have indicated that they will 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 judgement. In the meantime, the UK Border Agency 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 pending consideration. 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.
Employers will be able to accept this certificate of application, in combination with a positive verification as proof of right to work in the UK for up to 12 months. This document combination comes under 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 have any questions regarding the above or need to understand how these changes will affect you, please send an email to one of our London immigration lawyers or at email@example.com.