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EU court judgement helps non-EU caregivers in UK

The UK Border Agency (UKBA) is considering the effects of a judgement in the case of Ruiz Zambrano that granted him the right to stay in the UK as the sole carer of a British citizen.

According to the UKBA, the 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."

Following the Zambrano judgement UK immigration will be amending regulations soon to enable a person to be issued a document confirming that they have a right to live and work in the UK.

In the meantime, UKBA will issue a certificate of application to those who can show:

  • evidence that the dependent is a British citizen
  • evidence of the relationship between the applicant and the British citizen
  • evidence of dependency between the applicant and the British citizen

The certificate will allow the applicant to work in the UK while the application is being processed.

"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," UKBA said in a statement.

Employers can accept the certificate of application as proof of work rights for up to 12 months.