Court of Justice ruled that parents of dependent child citizens of EU may not be refused right of residence
The UK Border Agency has finally decided to amend immigration rules to accommodate the Court of Justice of the European Union’s judgment in the case of Ruiz Zambrano (C-34/09).
The Court of Justice ruled that: “[EU law] precludes a Member State from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen.”
The judgement basically 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 said they will amend the regulations in due course to enable carers of British citizens 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 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.
The UK Border Agency said employers can accept this certificate of application, in combination with a positive verification from their Employer Checking Service, as proof of right to work in the UK for up to 12 months.
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.
Further information on the scope and processes referred to can be obtained from the Customer Contact Centre on 0845 010 5200.