UKBA announces changes for carers of British citizens
The UK Border Agency (UKBA) have announced details of changes they will make following a recent judgement made by the Court of Justice of the European Union (ECJ).The ECJ ruling has created the right to reside for the sole carer of a dependent British citizen where that carer has no other right to stay in the UK and removing the carer would mean that the British citizen would have to leave the EU.
The case affected a Colombian national, who was allowed to stay in Belgium to look after his children. He had been working legally with a full-time contract in the country.
His children were Belgian citizens because they were born in the country and he took no steps to recognise them as Colombian, and he and his wife were subsequently allowed to remain in the country to look after them.
The UKBA have been reviewing the effects of this judgement and whether or not it requires them to change any policy or law. The UKBA have not been accepting any applications they have received affected by this judgement as there are no relevant provisions in the Immigration Regulations at the moment.
Changes to the Immigration Regulations
The UKBA have advised that they will amend the regulations ‘in due course’ to enable people to be issued with a document confirming their right to live in the UK under the terms of the case.
Until these changes have been made the UKBA will issue a certificate of application to people who can show:
- evidence that they are caring for a dependent British citizen
- evidence of their relationship with the British citizen
- adequate evidence of the dependency of the British citizen on the applicant.
Holders of such a certificate of application will be allowed to work in the UK whilst their application is being processed. Once the regulations have been amended applications will be fully considered and documentation will be issued under the new regulations to those successful.
The certificate of application, along with a positive verification from the Employer Checking Service will allow applicants to work in the UK for 12 months. This also means employers have a statutory excuse against paying civil penalties for recruiting illegal workers.
You can get more information on the scope and processes referred to from the Custoer Contact Centre on 0845 010 5200.
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