Thursday, 22 September 2011

Carers of British Citizens Judgement Explanation

The Court of Justice of the EU recently confirmed the judgement on a case of Ruiz Zambrano.

The judgement basically allows the right of residence, for the carer of the Dependent UK citizen in the circumstance when the carer has no other claim to residence in the UK and the removal from the UK would mean that the UK citizen would need to leave the EU.

The UK Immigration authorities will now need to change the immigration regulations and enable a person in this situation to be issued with a document that allows them to stay in the UK on the basis of the Ruiz Zambrano judgement.

As a temporary measure the UKBA will issue a certificate of application to people that can show:

Proof that the dependent person is UK citizen
Proof of the dependency between the carer applicant and the UK citizen
sufficient documentary evidence of the relationship between the carer and the UK citizen

The certificate is intended to allow the applicant to stay in the UK until the application is decided.

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