UKBA has interpreted the judgement of the CJEU inRuiz Zambrano (C34/09) as creating the right to reside and work in the UK for sole carers of British citizens who do not otherwise have a right to live and work in the UK and where removing the carer from the UK would mean the British citizen would have to leave the European Union.
UKBA has announced intention of the Secretary of State to amend the Immigration (European Economic Area) Regulations 2006 so as to incorporate the Zambrano judgement. At present, the UKBA will accept applications on the basis of Zambrano and will issue certificates of application which will allow the applicant to work while the application is under consideration.
The Applicant will need to send evidence showing that the dependant is a citizen of the UK, as well as evidence of dependency and the relationship between the applicant and the dependant.
We are delighted to note that this appears to be a generous interpretation of Zambrano which is likely to open the doors to a wider group of carers than parents of British children, as was the case before the CJEU.
Please contact us if you or a carer working for you may benefit from this announcement.