The UK Home Office announced in a press release that the Court of Justice of the European Union handed down judgment in the case of Ruiz Zambrano.

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 said it will be considering the effect of this judgement and whether any changes are required to the UK Immigration policy or law as a result. They further said that regulations will be amended 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. In the meantime a certificate of application will be issued 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.

Please contact our offices for more information in this regard.