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Changes to UK Residency Rights for Carers of Dependent British Citizens
Updated on : Mon, 26 Sep 2011 14:00:00 GMT
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The UKBA has announced provisional arrangements for residency rights for carers of dependent British citizens following the recent judgement made by the Court of Justice of the European Union (ECJ).
The ECJ recently handed down judgment in the case of Ruiz Zambrano which has created the right for the sole carer of a dependent British citizen to reside in the UK when that carer has no other right to stay in the UK and removing the carer would cause the British citizen to leave the EU. This judgement means that where a British or EU child is living in the UK and needs a foreign national parent to be with them, the parent (or parents) has the right to reside in the UK and work to support their child under EU law.
The UKBA have been reviewing the effects of this judgement and whether or not it requires them to change any policy or UK immigration law. Until now, the UKBA have not been accepting any applications made on this basis as there has been no relevant provisions in the Immigration Regulations.
The UKBA state that they will amend the regulations to enable people to be issued with a document confirming their right to live in the UK under the terms of the Zambrano case. In the meantime, the UKBA will issue a certificate of application to people who can show:
- evidence that they are caring for a dependent British citizen; and
- evidence of their relationship with the British citizen; and
- evidence of the dependency of the British citizen on the applicant.
Holders of such a certificate of application will also be allowed to work in the UK while their UK visa application is being processed. Once changes to the regulations are made, applications will be fully considered and documentation will be issued to those who meet the new regulations.
The certificate of application, along with a positive verification from the Employer Checking Service will allow applicants to work in the UK for 12 months. This also means employers have a statutory excuse against paying civil penalties for recruiting illegal workers.
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