UK Immigration & Nationality Lawyers

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Helena Sheizon
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Helena Sheizon

Right of residence for primary carers of British citizens

A new statutory instrument (SI 2012/2560) amending the EEA Regulations will come into effect on 8 November 2012. The document will incorporate into the Regulations provisions confirming the right of residence in the UK for the primary carers of a British citizen thus giving effect to the ruling of the ECJ in Zambrano.

Those who have previously made applications for a residence card on the basis of Zambrano but had their applications returned as invalid will now have an opportunity to reapply under the regulations and, if necessary, challenge a refusal in an Asylum and Immigration Tribunal.

At the same time, new regulations have been made to deny entitlement to means-tested benefits for those who benefit from the provision of the former amendment.  Thus, primary carers of British citizens, will not be entitled to income support, income-based JSA, pension credit, housing benefit, council tax benefit, child benefit, child tax credit, homelessness assistance and housing allocation.  These latter regulations (SI 2012/2587) also comes into effect on 8 November 2012.

It is advisable that any claims for housing by persons affected by the changes be made before this date – transitional provisions will protect requests for housing assistance made before 8 November.

Please call us if you may be affected by any of these provisions.

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