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The UK Border Agency has issued a statement following the Court of Justice of the European Union (ECJ) ruling on Ruiz Zambrano:

 The Court of Justice of the European Union (ECJ) recently handed down judgment in the case of Ruiz Zambrano (C-34/09). 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 has been considering the effect of this judgement and whether any changes are required to our policy or the law as a result. Until now, we have not accepted applications we have received on this basis as there is currently no provision within the Immigration (European Economic Area) Regulations 2006 (the regulations) to issue documentation on this basis.

We 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. However, in the meantime, we 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.

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 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. Ends.

Source: UK Border Agency.

See also:

JCWI and ILPA update on Zambrano case

Pre Tier 4 students in the UK under the Immigration Rules that were in place before 31 March 2009

New Tier 4 student visa rules now in force

MORE CHALLENGES FOR TIER 4 STUDENTS AS ‘3-YEAR RULE’ APPLIED

Can family dependants of Tier 4 Students work while studying in the UK?

UK Border Agency seize cash from sham marriage fixer

Most new jobs go to foreign workers official figures reveal

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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6 Responses to “UK Border Agency’s response on Zambrano judgement on carers of British Citizens”
Read them below or add one

  1. popzics@yahoo.com' popzics@yahoo.com'sheila says:

    i am a single who is single mother and i just work only four hrs a week any where i go they want idenity and i don’t have one

  2. grace1980@live.co.uk' grace1980@live.co.uk'grace says:

    my quetion is am a mother of two children who are british citizens i and my husband are seperated and he refused to do my indefinate leave to remain visa for me,i have given my case to a solicitor who have applied for a further leave to remain,my visa has been in the home office for the past nine months,i ve been dismissed from work i want to know can zambrino’s law be applied to me my husband is a british citezen as well and he serve in the army,my childrens age 3 and 2 years thank you.

  3. raymondosmith@ymail.com' raymondosmith@ymail.com'raymond smith says:

    My question is in the case the zambrano case ,has the home office consider yet if the case is goin to be a law or not as of this period, or it all depends on individual cases, and will it be an automatic certificate for any illegal immimmgrant based on their ties in uk based on their ties with there children.

  4. You should take proper advice on this from a qualified immigration adviser (OISC registered) or an experienced lawyer.

  5. kayodeoyekola@yahoo.com' kayodeoyekola@yahoo.com'kay says:

    Hello, after going through the latest response from the UK Home office concerning Zambrano I just want to ask few questions. In the case of a British citizen who hard heart problem and presently under medication for high blood pressure but still goes to work and her son with the wife visited her in the UK, seeing her condition using inhaler the son and the wife with their two years baby decided to stay after their visit to assist the mum and look after her because she was alone and have no other family in the UK. My question is this, can the son and the wife with their two years baby apply under the Zambrano rulling? At the moment they have over stayed their visit, and the mum who is a British citizen needs family companions as her health is a risk to having stroke. Pls reply me ASAP, thanks.

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